Questão jurídica principal
Whether the continued retention under Art. 397a ZGB was justified by the appellant's mental illness and alleged self- and third-party danger.
Decisão extraída
The appellant suffered from a mental illness, but continued retention was disproportionate because no concrete self- or third-party danger was shown and economic self-endangerment could be addressed by guardianship measures.
Fundamentação extraída
Under Art. 397a ZGB, retention is permissible only if personal care can be provided only in an institution and must end once the condition allows release. The feared impoverishment and resulting neglect did not justify detention because suitable protective measures outside the clinic were available.