Protection of the Rights of Persons Living Under Guardianship: Guardian and Law
Guardianship is a legal mechanism that allows another person to make decisions on their behalf when a person is unable to make decisions of their own free will. In this process, the protection of the rights of persons living under guardianship is of great importance. In this article, the protection of the rights of persons under guardianship, the role of the guardian and the legal framework will be discussed in detail.
1. What is Guardianship?
Explanation: Guardianship is a process initiated by the court when a person is determined to be incapable of making decisions on their own due to mental health or other reasons.
Example: A person with a mental illness may be placed under guardianship when they have difficulty meeting their own needs.
2. Rights of Persons Under Guardianship
Explanation: Persons under guardianship have certain legal rights. The protection of these rights must be provided by the guardian and the court.
Examples:
Right to Legal Representation: The person under guardianship has the right to appoint a legal representative to protect their rights.
Right to Liberty: The person under guardianship has the right to live freely, this right cannot be arbitrarily restricted.
3. What is a Guardian and What are Their Duties?
Explanation: A guardian is the person who is responsible for protecting the rights of the person under guardianship. The guardian is appointed by the court and has certain responsibilities.
Examples:
Financial Management: The guardian is responsible for managing the assets of the person under guardianship.
Health Decisions: The guardian meets the health needs of the person under guardianship by making decisions regarding health services.
4. Right to Representation of Persons Under Guardianship
Explanation: Although the person under guardianship is represented by the guardian, he can also express his own will.
Example: A person under guardianship can apply to the court through the guardian and express his own wishes.
5. Court Supervision
Explanation: Guardianship processes are supervised by the court. The court reviews the actions taken by the guardian.
Example: When a guardian makes an important decision regarding the assets of a person under guardianship, this decision must be submitted to the court for approval.
6. Violation of the Rights of the Person Under Guardianship
Explanation: If a guardian violates the rights of a person under guardianship, this can have serious consequences.
Examples:
Financial Abuse: If the guardian uses the person under guardianship’s money for his/her own benefit.
Maltreatment: If the guardian physically or emotionally harms the person under guardianship.
7. Right to Legal Appeal
Explanation: The person under guardianship or their relatives have the right to appeal to the court against the guardianship’s actions.
Example: Family members can appeal a decision made by the guardian and take the guardianship process to court.
8. Guardianship and Psychosocial Support
Explanation: It is also important to meet the psychological and social needs of individuals under guardianship. The guardian should provide support in this regard.
Example: The guardian may refer the person under guardianship to a specialist for psychological support.
9. Leaving the Guardianship and Change
Explanation: The guardian may leave or be replaced for various reasons. In this case, the rights of the person under guardianship must be protected.
Example: A person who leaves the guardianship position due to health problems or moral reasons may request the appointment of a new guardian.
10. The Importance of Getting Counseling and Support
Explanation: Receiving legal counsel during the guardianship process plays a critical role in protecting rights.
Example: Lawyers are important in defending the rights of individuals under guardianship and guiding them through processes related to the guardian.
Protecting the rights of individuals under guardianship is an important responsibility for both the guardian and the legal system. During this process, a careful approach must be adopted to ensure that rights are not violated and the needs of the person under guardianship are met. Since the guardian is responsible for protecting the rights of the person under guardianship, and the court and legal system are also responsible for overseeing this process, all parties must work in cooperation.