(1) The custodianship court appoints as custodian a natural person who is suited to take care of the affairs of the person under custodianship from a legal point of view within the scope of functions determined by the court and to take care of their person to the extent necessary.
(2) The employee of a custodianship association recognised under section 1908f who is solely or partly employed there as a custodian (association custodian) may be appointed only with the consent of the association. The same applies to the employee of a public authority competent in custodianship matters who is solely or partly employed there as custodian (public authority custodian).
(3) A person who is in a situation of dependence or in another close connection to an institution, a home or another establishment to which the person of full age has been committed or in which they live may not be appointed custodian.
(4) If the person of full age suggests a person who may be appointed custodian, this suggestion is to be followed unless it is inconsistent with the best interests of the person of full age. If the person of full age suggests that a particular person not be appointed, then as a rule this is to be taken into account. Sentences 1 and 2 also apply to suggestions that the person of full age made before the custodianship proceedings, unless they discernibly do not wish to uphold these suggestions.
(5) If the person of full age suggests no-one who can be appointed custodian, then when the custodian is selected, account is to be taken of the family and other personal ties of the person of full age, in particular the ties to parents, to children, to the spouse and to the life partner, and of the danger of conflicts of interest.
(6) A person who conducts custodianships as part of the exercise of their occupation or profession as a rule is to be appointed custodian only if no other suitable person is available who is prepared to conduct the custodianship on a voluntary basis. If the custodian becomes aware of circumstances which indicate that the person of full age can be cared for by one or more than one other suitable persons outside the exercise of an occupation or profession, they are to notify the court of this fact.
(7) If a person is appointed a custodian, subject to the prerequisites set out in subsection (6) sentence 1, for the first time in the district of the custodianship court, then court as a rule first is to hear the competent public authority on the suitability of the selected custodian and on the findings to be made under section 1 (1) sentence 1 second alternative of the Guardians and Custodians Payment Act (Vormünder- und Betreuervergütungsgesetz). As a rule, the competent authority is to request the person to submit a certificate of good conduct and a status report from the debtors’ list.
(8) If a person is appointed under the prerequisites set out in subsection (6) sentence 1, they are to declare the number and volume of the custodianships they are conducting professionally.