(1) It is admissible for the custodian to place the person under custodianship in an environment associated with deprivation of liberty only as long as this is necessary for the well-being of the person under custodianship because,
1. by reason of a mental illness or mental or psychological handicap of the person under custodianship, there is a danger that they will kill themselves or cause substantial damage to their own health, or
2. in order to avert the threat of substantial damage to health, an examination of the state of health of the person under custodianship, therapeutic treatment or an operation is necessary, the measure cannot be carried out without the accommodation of the person under custodianship and the person under custodianship, by reason of a mental illness or mental or psychological handicap, cannot recognise the necessity of the accommodation or cannot act in accordance with this realisation.
(2) The accommodation is admissible only with the ratification of the custodianship court. Without the approval, the accommodation is admissible only if delay entails risk; the approval is to be obtained thereafter without undue delay.
(3) The custodian is to terminate the accommodation if the prerequisites therefor have ceased to exist. They are to notify the custodianship court of the termination of the accommodation without undue delay.
(4) Subsections (1) to (3) apply accordingly if the person under custodianship who is in a hospital, a home or another establishment is to be deprived of their liberty by mechanical devices, by medical drugs or in another way for a long period of time or regularly.
(5) The accommodation by an authorised person and the consent of an authorised person to measures under subsection (4) require that the power of attorney be granted in writing and expressly cover the measures set out in subsections (1) and (4). In all other cases, subsections (1) to (4) apply accordingly.