(1) If a person of full age who is able to consent has determined in writing, for the event of their becoming unable to consent, whether they consent to or prohibit specific tests of their state of health, treatment or medical interventions not yet directly immanent at the time of determination (living will), the custodian examines whether these determinations correspond to the current living and treatment situation. If this is the case, the custodian is to see to it that the will of the person under custodianship is done. A living will may be revoked at any time without having to comply with requirements as to its form.
(2) If there is no living will, or if the determinations of a living will do not correspond to the current life and treatment situation, the custodian is to determine the wishes with regard to treatment or the putative intent of the person under custodianship, and decide on this basis whether they consent to or prohibit a medical treatment pursuant to subsection (1). The putative intent is to be ascertained on the basis of concrete indications. Consideration is to be given, in particular, to previous oral or written statements, ethical or religious convictions and other personal values of the person under custodianship.
(3) Subsections (1) and (2) apply regardless of the nature and stage of any illness of the person under custodianship.
(4) Where appropriate, the custodian is to indicate to the person under custodianship the opportunity of establishing a living will and is to support that person, should they so desire, in establishing a living will.
(5) No one may be placed under obligation to establish a living will. The conclusion of a contract may not be made contingent on the establishment or submission of a living will.
(6) Subsections (1) to (3) apply to authorised representatives accordingly.