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Emergency

Restraint in a home or hospital: only under strict rules

Is a relative in a care home or hospital being 'kept quiet' with straps, a bed rail or calming medication? Such liberty-depriving measures are a serious intervention, and are only permitted under strict conditions.

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Restraints, bed rails, holding down or sedating medication are liberty-depriving measures. They are only permitted with the effective consent of the person affected who is capable of consenting, or, if that person cannot consent, as a rule with the authorization of the guardianship court (§ 1831 BGB).
Without consent or judicial authorization, a restraint is in principle unlawful. Only in an acute emergency is it permitted briefly, but must then be reviewed without delay and authorized by the court.

What you should do now

  1. 1

    1. Question the measure

    Ask for the justification and whether consent or authorization exists.

  2. 2

    2. Demand alternatives

    Liberty-depriving measures are a last resort; ask for milder alternatives.

  3. 3

    3. Check the authorization

    For a lasting restraint, is there a judicial authorization?

  4. 4

    4. Act in case of violations

    Without consent/authorization you can turn to the home supervisory authority, the guardianship court or advice centers.

Frequently asked questions

Is a restraint in a care home allowed?

Only under strict conditions. Restraints, bed rails or sedating medication are liberty-depriving measures and only permitted if the person affected who is capable of consenting effectively consents, or, if that person cannot, as a rule with the authorization of the guardianship court (§ 1831 BGB). Without that, the measure is in principle unlawful.

What can I do as a relative?

Ask for the legal basis (consent or judicial authorization) and for milder alternatives; liberty-depriving measures are only a last resort. If an authorization for a lasting restraint is missing, you can turn to the home supervisory authority, the guardianship court or an advice center. In acute emergencies only a brief measure is permitted, which must be reviewed without delay.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.