Detention in a psychiatric hospital and other freedom-restricting measures are commonly applied interim orders in German Guardianship law. The author examines legal requirements and describes procedural regulations with the new German FamFG (law on family matters and free jurisdiction).

In September 2009 Germany's new law on advance directives came into effect with new regulations on capacity and on medical treatment for those lacking capacity, not only for end of life decisions but for any decisions on medical treatment ( 1901 aAbs. 1 BGB). The discussion since the change in legislation is reviewed. The new law sets out conditions for advance directives, how to determine a patient's will and in the absence of a clear will how to determine a presumed will. The implications of the patient's will for the legal guardian, for the appointed proxy and the treating physician are reviewed and discussed, also the legal provision to enforce the patient's will.

With two new laws on family matters, one to facilitate interventions by a family court to safeguard children (in force since 12. July 2008) and one on procedures in family courts and free jurisdiction (to be implemented on 01. Sept 2009), the conditions and procedures for detaining children and adolescents have changed. While material low has not changed, some clarifications have emerged. In procedural low some innovations are noteworthy: the new status of a parent without custody and of foster parents, and a broader range of possible expert witnesses.

Psychiatric and psychological treatment of minors requires valid consent. Whether and under which circumstances valid consent can be obtained from minors or from their legal representatives is discussed. Legal terms of proportionality, necessity and child welfare are considered. The legal framework and the criteria for inpatient and outpatient compulsory treatment are outlined in detail.