Guardianship in Turkish Law is mostly regulated in Turkish Civil Code (Numbered 4721). This article will provide a comprehensive observation on the enforcement of guardianship in Turkish Law and main challenges in the field for guardianship lawyers in Turkey.
What is legal guardianship in Turkish Law?
A legal guardianship may be appointed by the Court to protect the concerned person’s rights and interests. Article 404 and following articles clarify legal guardianship in Turkish Law.
What are the main types of legal guardianship in Turkish Law?
There are five main forms for the need for legal guardianship: guardianship of minors, guardianship due to mentally disorder and disability, guardianship due to mismanagement or poor style, guardianship due to the conviction, guardianship based on free will.
What is the meaning of legal guardianship of a minor in Turkish Law?
A minor child below 18 years old is under the automatic custody of his/her parents under Turkish Civil Code. In the lack of parental custody, legal guardianship set forth in Article 404 can be applicable to the minor concerned.
What is the meaning of legal guardianship of an adult in Turkish Law?
Legal guardianship procedure is also applicable to adults in accordance with Article 405 of Turkish Civil Code. An adult may become incapable of making personal and financial decisions because of a mental illness and/or mental weakness. Upon request, a legal guardian may be appointed by the Court for the concerned adult.
How is the legal guardianship clause applicable based on a free will?
Due to old age, disability, inexperience or serious illness, any adult who proves the inability to properly manage his/her businesses, a decision may be given to restrict him/her and to appoint a legal guardianship.
How is it possible to benefit from legal guardianship clauses due to mentally disorder and disability?
In accordance with Article 405, those who cannot perform their duties due to mental illness or mental weakness can be restricted and a legal guardian may be appointed to look after her/his interests.
Conclusion
In the final analysis, guardianship in Turkish law represents a sensitive area of law. Generally speaking, family members should manage the protection of interests of their family members through a restriction decision and| decision on the appointment of a guardian.
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It is also worth reiterating that legal procedures for the appointment of a legal guardian for the above-mentioned people is thoroughly regulated by Turkish Civil Code in Turkey.
