Guardianship Law in Turkey
Guardianship in Turkey includes more details and legal affairs than it appears. Therefore, in this article from Ebla Real Estate, we will talk about the Guardianship Law in Turkey.
The Guardianship in Turkey:
It is a legal process in order to protect the personal or property rights of adults who need to be restricted for certain reasons or adults who are unable to take care of themselves or children who are underage and do not have a custody relationship with their parents.
When we say what is guardianship, we come across a decision taken due to many legal needs, not a single issue in Turkish law. A guardian may be appointed for a wide variety of issues. All these basically took place in the Turkish Civil Code No. 4721, article 396 and its continuation and scattered in different parts of the legislation.
What are the cases that require the appointment of a guardian?
Guardianship of minors:
According to Turkish law.. Children and minors are under the custody of their parents in any case until they reach the age of 18. However, guardians are appointed to minors who do not have custody of their parents. Legal relations of these persons are carried out through their guardians.
It may also be possible to assign guardians to minors only for certain transactions. For example, in paternity cases filed by a minor, the case must be filed by the guardian. Because there is no possibility of filing a lawsuit for refusal of the mother’s paternity. In this case, it is requested from the court to appoint a guardian only for the purpose of filing and following this case.
Guardianship of the mentally ill:
Any adult person who is unable to do his/her own work or needs assistance in this regard or puts the safety of others in danger due to mental illness or weakening of the mind must be restricted.
Guardianship of the incompetent:
There are several cases of the incompetents, stipulated in Article 406 of the Turkish Civil Code, which require the appointment of a guardian, such as: extravagance, Alcohol-drug addiction, abuse living, mismanagement. Those persons cannot protect their personal rights or manage their assets. They also may put themselves or their families in danger. Therefore, they need the protection and care of a guardian.
Guardianship of the convict:
A person is considered legally incompetent if he is sentenced for a year or more. The court responsible for the execution of the sentence must report the case of guardianship on its own to the guardianship authority.
Guardianship for those who desire it:
According to Article 408, this case applies to every person who requests to be under legal guardianship. If the person proves that he is unable to perform his/her duties such as the elderly or the disabled.
The court responsible for the application of guardianship in Turkey:
The civil magistrate’s court in the place of residence of the minor or the person with a legal disability is the court responsible for appointing a guardian.
Edited by: Ebla Group Real Estate
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