(1) The creation, modification and termination of guardianship, protective care and curatorship, as well as the substance of legal guardianship and curatorship, are governed by the law of the State of which the ward, the person under protective care or the charge, is a national. A guardian may be appointed pursuant to German law for a foreign national who has his or her habitual residence or, in the absence thereof, his or her residence within the country.
(2) If a curatorship is required due to the fact that it is not clear who is a party to an issue, or because a party is presently in another State, the law applicable is the one that governs the issue.
(3) Interim measures as well as the substance of protective care and the ordered guardianship and curatorship are governed by the law of the State which issued the order.
CHAPTER 4
SUCCESSION