Undertaking Guardianship and Appointing a GuardianUndertaking Guardianship and Appointing a Guardian
Guardianship is an institution that allows adult persons, in cases listed in the law, and in some cases children, to be left to the administration of guardianship authorities by limiting their processing licenses in order Undertaking Guardianship and Appointing a Guardian
Guardianship is an institution that allows adult persons, in cases listed in the law, and in some cases children, to be left to the administration of guardianship authorities by limiting their processing licenses in order to protect them for their material and vital benefits.
The guardianship bodies listed in the law are the guardianship offices and guardians and trustees.
Cases That Require to Be Placed Under Guardianship
1- Smallness:
According to the Civil Code regulation, every minor who is not under custody is placed under guardianship. There may be different reasons why the minor is not under custody. Reasons such as the fact that the mother and father are not obvious, the fact that he is dead, or the custody rights of the mother and father have been revoked, require that the minor be placed under guardianship.ding to the Civil Code regulation, every minor who is not under custody is placed under guardianship. There may be different reasons why the minor is not under custody. Reasons such as the fact that the mother and father are not obvious, the fact that he is dead, or the custody rights of the mother and father have been revoked, require that the minor be placed under guardianship.
2- Restriction:
Placing Under Guardianship Due to Mental Illness or Mental Weakness;
According to the regulation of the Civil Code, every adult who needs help for the management of his affairs or for care and protection due to mental illness or weakness, or who endangers the safety of someone else, is placed under guardianship. to the regulation of the Civil Code, every adult who needs help for the management of his affairs or for care and protection due to mental illness or weakness, or who endangers the safety of someone else, is placed under guardiccording to the regulation of the Civil Code, every adult who needs help for the management of his affairs or for care and protection due to mental illness or weakness, or who endangers the safety of someone else, is placed under guardianship.
In order for a person to be placed under guardianship due to mental illness or weakness, it is mandatory to obtain a health report from an official health board. This issue is not at the discretion of the judge, but is a legal obligation. Before making a decision, the judge may listen to the person who is requested to be restrained, taking into account the report of the board.
Being Placed Under Guardianship Due to Extravagance, Alcohol Or Drug Addiction, Bad Lifestyle, Bad Management;Being Placed Under Guardianship Due to Extravagance, Alcohol Or Drug Addiction, Bad Lifestyle, Bad Management;
Every adult who is in danger of reducing himself or his family to poverty or poverty due to his extravagance, alcohol or substance abuse, bad lifestyle or mismanagement of his assets and therefore needs constant care and protection is placed under guardianship.
Essentially, everyone has the right to save without being subject to any restrictions on their own assets. It is not possible for a healthy person to be placed under guardianship just because he is spending too much.ssentially, everyone has the right to save without being subject to any restrictions on their own assets. It is not possible for a healthy person to be placed under guardianship just because he is spending too much. According to this regulation of the law, in order for a person to be placed under guardianship, extravagance must be the result of a bad lifestyle or alcohol or drug addiction. For example, it is not possible to place an adult and healthy person under guardianship only to prevent excessive expenses in order to protect the inheritance rights of future heirs that may arise in the future. For restraint, extravagance must be of such dimensions that it will reduce the person himself or his family to a tare.r example, it is not possible to place an adult and healthy person under guardianship only to prevent excessive expenses in order to protect the inheritance rights of future heirs that may arise in the future. For restraint, extravagance must be of such dimensions that it will reduce the person himself or his family to a tare.
Before making a restriction decision based on this reason, the judge must listen to the person who wants to be taken into custody.
Being Placed under Guardianship Due to a Punishment Binding on Freedom;
Every prisoner who receives a binding sentence of one year or more of freedom is restricted. When the execution of the sentence begins, this situation is notified to the guardianship authority by the authority responsible for the execution of the sentence (the execution prosecutor’s office or the prison administration) and the appointment of a guardian to the prisoner is ensured.ery prisoner who receives a binding sentence of one year or more of freedom is restricted. When the execution of the sentence begins, this situation is notified to the guardianship authority by the authority responsible for the execution of the sentence (the execution prosecutor’s office or the prison administration) and the appointment of a guardian to the prisoner is ensured.
Being Placed under Guardianship upon Request;
The Civil Code has recently regulated the situation where an adult person is placed under guardianship upon his own request. According to this, if the adult person himself is unable to manage his own affairs and needs care due to reasons such as old age, disability, inexperience or serious illness, he may request the appointment of a guardiande has recently regulated the situation where an adult person is placed under guardianship upon his own rhe Civil Code has recently regulated the situation where an adult person is placed under guardianship upon his own request. According to this, if the adult person himself is unable to manage his own affairs and needs care due to reasons such as old age, disability, inexperience or serious illness, he may request the appointment of a guardian.
Who Can Request a Restriction (Guardianship) Decision?
The magistrate decides on the guardianship of a person. For this reason, applications with restriction requests are called guardianship cases in practice.
As can be clearly understood from the legal regulation, restriction and guardianship are essentially issues that concern public order. In order to request that a person be placed under guardianship, it is not required that the person making the request has any legal interests can be clearly understood from the legal regulation, restriction and guardianship are essentially issues that concern public order. In order to request that a person be placed under guardianship, it is not required that the person making the request has any legal interest. While the bs can be clearly understood from the legal regulation, restriction and guardianship are essentially issues that concern public order. In order to request that a person be placed under guardianship, it is not required that the person making the request has any legal interest. While the benefit of the person to be restricted is taken into consideration in cases such as when the person needs help to take care of himself and cannot manage his assets, the public interest is taken into consideration in cases of restriction due to endangering the safety of others. In placing the minor under guardianship, the direct benefit of the minor and the indirect public benefit will be taken into account.
In accordance with the legal regulation regarding this legal interest that is to be protected, anyone can request the guardianship of a minor or an adult.n accordance with the legal regulation regarding this legal interest that is to be protected, anyone can request the guardianship of a minor or an adult. In fact, when faced with a situation that requires a person to be placed under guardianship due to his/her smallness and mental illness, population officers, administrative authorities, notaries and courts must immediately report this situation to the competent guardianship authority.
On the basis of restriction and appointment of a guardian, it is a matter for the competent authorities to take ex officio (spontaneous) action, and the guardianship cases filed are in the nature of notification (notification) of the situation to the competent authority.estriction and appointment of a guardian, it is a matter for the competent authorities to take ex officio (spontaneous) action, and the guardianship cases filed are in the nature the basis of restriction and appointment of a guardian, it is a matter for the competent authorities to take ex officio (spontaneous) action, and the guardianship cases filed are in the nature of notification (notification) of the situation to the competent authority.
Appointment of a Guardian for the Restricted Person
For the person who is decided to be placed under guardianship, an “adult who is capable of performing this task” is appointed as a guardian. If necessary, multiple guardians can also be assigned to a limited person to perform the task together or separately assigned tasks. For this purpose, the guardians to be appointed must have the consent to work together.
According to the regulation of the law, spouses and relatives have priority in being appointed as guardians. Unless there is an obstacle to guardianship, the guardianship authority should first evaluate these persons who are closest to the restriction.According to the regulation of the law, spouses and relatives have priority in being appointed as guardians. Unless there is an obstacle to guardianship, the guardianship authority should first evaluate these persons who are closest to the restriction.
Again, unless there is an ding to the regulation of the law, spouses and relatives have priority in being appointed as guardians. Unless there is an obstacle to guardianship, the guardianship authority should first evaluate these persons who are closest to the restriction.
Again, unless there is an obstacle, the guardianship is assigned to the person who will be placed under guardianship or the person requested by his parents. In other words, the person who will be placed under guardianship has the opportunity to choose his own guardian in this case.
Court Authorized and Competent for Guardianship Matters
The authority responsible for issues such as placing a person under guardianship, appointing a guardian, changing a guardian and abolishing guardianship is the Magistrate’s Office. The authority is in the Civil Jurisdiction of the Magistrate in the settlement of the minor or the limited.The authority responsible for issues such as placing a person under guardianship, appointing a guardian, changing a guardian and abolishing guardianship is the Magistrate’s Office. The authority is in the Civil Jurisdiction of the Magistrate in the settlement of the minor or the limited.
Procedure for Appointing a Guardian
The office of the civil judge of peace decides on guardianship as soon as possible by conducting the necessary research and evaluations in accordance with the regulations and principles described above.he office of the civil judge of peace decides on guardianship as soon as possible by conducting the necessary research and evaluations in accordance with the regulations and principles described above. If deemed necessary, it may temporarily remove the driver’s license of the person who is requested to be restricted by taking the necessary measures immediately together with the application and appoint a representative to him/her as a precautionary measure.
Both the injunction decision and the final decision made as a result of the examination are notified to the population by submission. Thus, the state of limitation is annotated to the person’s population registration. Transactions made by bona fide third parties with the limited before the announcement are not affected.
The decision is also communicated to the appointed guardian at the same time. The person appointed to the guardianship may exercise the right to avoid guardianship within ten days from the date of notification. Everyone concerned has the right to object that the appointment is contrary to the law within ten days from the day they learned of the guardianship decision.he decision is also communicated to the appointed guardian at the same time. The person appointed to the guardianship may exercise the right to avoid guardianship within ten days from the date of notification. Everyone concerned has the right to object that the appointment is contrary to the lawThe decision is also communicated to the appointed guardian at the same time. The person appointed to the guardianship may exercise the right to avoid guardianship within ten days from the date of notification. Everyone concerned has the right to object that the appointment is contrary to the law within ten days from the day they learned of the guardianship decision. If the guardianship authority deems the objections of the guardian or the interested parties justified, it goes on the way of appointing a new guardian. If he does not see the objections on the spot, he notifies the supervisory authority of the situation in order to make the necessary decision.
Reasons for Avoiding Guardianship and Situations That Prevent Guardianship
As a rule, the guardian appointed by the guardianship authority is obliged to perform this task. The law has granted individuals the right to avoid this duty in some cases. These cases;
people over the age of 60As a rule, the guardian appointed by the guardianship authority is obliged to perform this task. The law has granted individuals the right to avoid this duty in some cases. These cases;
people over th rule, the guardian appointed by the guardianship authority is obliged to perform this task. The law has granted individuals the right to avoid this duty in some cases. These cases;
people over the age of 60,
Those who are unable to perform this task due to physical disability or constant illness,
People who are the parents of more than four children,
Those who are found to be the guardian of another person,
The President, members of the Turkish Grand National Assembly and the Council of Ministers, members of the judiciary and prosecution profession.
These situations are not obstacles to guardianship, and they can accept the duty of guardianship if they wish. However, they have the right to refuse the duty in accordance with their deemed circumstances.
Situations that prevent guardianship areThese situations are not obstacles to guardianship, and they can accept the duty of guardianship if they wish. However, they have the right to refuse the duty in accordance with their deemed circumstances.
Situations that prevent guardianship are;
Do not be limited; a person who is under guardianThese situations are not obstacles to guardianship, and they can accept the dTAGS: Restriction, circumstances that prevent guardianship, guardianship, being placed under guardianship, reasons
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