Reasons for Being Taken Under Guardianship: Who is a Guardian Appointed for?
Guardianship refers to the representation of individuals by others in order to protect their rights in cases where their ability to make decisions on their own is limited. In Turkey, it is possible for a person to be taken under guardianship under certain conditions within the framework of the Civil Code. Here are the reasons for being taken under guardianship and the details about who a guardian is appointed for:
1. Mental Health Problems
Definition: Mental health problems include situations that affect an individual’s thoughts, feelings and behaviors. These problems can affect an individual’s decision-making ability.
Example: Individuals who experience conditions such as dementia, schizophrenia or severe depression may be taken under guardianship for mental health reasons. For example, an individual with dementia may require the appointment of a guardian due to their inability to continue their daily life and maintain their health.
2. Restriction Situations
Definition: Restriction is the restriction of an individual’s decision-making authority in certain areas. Restriction can be in the form of general or specific restrictions.
Example: An individual who marries before reaching the age of 18 or a person who cannot protect their own interests due to mental illness may become disabled. In such cases, the family or relatives may need to request the appointment of a guardian.
3. Old Age and Physical Weakness
Definition: The physical health of individuals at an advanced age may become insufficient to meet their own needs. This may affect their decision-making abilities.
Example: An 80-year-old individual’s inability to continue their daily life due to vision loss and limited mobility may constitute a situation requiring the appointment of a guardian. Family members may request the appointment of a guardian to protect the rights of this person.
4. Alcohol or Substance Addiction
Definition: Alcohol or substance addiction may negatively affect the individual’s social and economic life, causing them to be unable to protect their own interests.
Example: If an individual who is addicted to alcohol regularly makes bad decisions and worsens their financial situation, their relatives may request the appointment of a guardian for this person.
5. Guardianship for Children
Definition: Children do not have the authority to make decisions on their own because they are not adults. For this reason, the guardianship process for children works differently.
For example: A child whose parents are divorced may be requested to be appointed as a guardian by another family member due to custody issues. In this case, the aim is to protect the child’s interests.
6. Guardian Appointment Process
Application: The guardianship case begins with an application to the civil court of first instance where the person in question lives. The application must state the situation and reasons of the person requesting the appointment of a guardian.
Presentation of Evidence: The court requests the submission of evidence about the person in question in order to accept the application. This evidence may include health reports and witness statements.
Decision: If the court deems the situation appropriate, it appoints a guardian and determines the duties and responsibilities of the guardian.
7. Recommendations
The reasons for placing under guardianship are regulated in order to protect the quality of life of individuals and to protect their interests. Therefore, the guardianship process should be carried out sensitively and carefully. If you think that a relative of yours should be placed under guardianship, it is an important step to seek legal support. Remember that every situation is unique and the best solution should be evaluated with a specialist lawyer.
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