(1) Where an examination of the state of health of the person under custodianship, a therapeutic treatment or an operation are against the natural will of the person under custodianship (coercive medical measure), the custodian may consent to the coercive medical measure only if
1. the coercive medical measure is necessary for the well-being of the person under custodianship in order to avert an impending substantial damage to health,
2. the person under custodianship cannot recognise the necessity of the medical treatment, or cannot act in accordance with this realisation, because of a mental illness or of a mental or psychological handicap,
3. the coercive medical measure corresponds to the will of the person under custodianship that is to be taken into account pursuant to section 1901a,
4. a serious attempt had been made previously, with the necessary time being expended and without exercising any undue pressure, to convince the person under custodianship of the necessity of the medical treatment,
5. the impending substantial damage to health cannot be averted by any other measure that is less onerous for the person under custodianship,
6. the anticipated benefit of the coercive medical treatment considerably outweighs the anticipated adverse effect, and if
7. the coercive medical measure is performed while the person under custodianship is an in-patient in a hospital in which the required medical care for the person under custodianship, including the necessary follow-up treatment, is assured.
Section 1846 is only to be applied if the custodian is prevented from carrying out their duties.
(2) Consent to the coercive medical treatment requires ratification by the custodianship court.
(3) The custodian is to revoke consent to the coercive medical treatment if the prerequisites therefor have ceased to exist. They are to inform the custodianship court of the revocation without undue delay.
(4) Where coercive medical treatment is an available option, section 1906 subsection (1) no. 2, subsection (2) and subsection (3) sentence 1 applies accordingly to the placement of the person under custodianship against their natural will in a hospital as an in-patient.
(5) The consent by an agent to coercive medical treatment and the consent to a measure pursuant to subsection (4) have as their prerequisite that the power of attorney has been granted in writing and that it expressly includes consent to these measures. In all other cases, subsections (1) to (3) apply accordingly.