Question juridique clé
Whether forced medication could be ordered under Art. 434 ZGB despite not matching the treatment plan.
Solution extraite
No. Under the wording of Art. 434 ZGB, treatment without consent is permissible only for medical measures included in the treatment plan.
Motifs extraits
The expert report may support involuntary treatment in principle, but the ordered drug (Abilify) differed from the planned medication (Risperdal/Temesta). Since Art. 434 ZGB authorizes only measures foreseen in the treatment plan, the legal requirements were not met.