A. Smallness
ARTICLE 404.- Every minor who is not under guardianship is placed under guardianship.
Civil servants, administrative authorities, notaries and courts, who find out about the existence of such a state requiring guardianship while performing their duties, must immediately report this situation to the competent guardianship authority.
B. Restriction
I. Mental illness or mental weakness
ARTICLE 405.- Every adult who is unable to work due to mental illness or mental weakness or who constantly needs help to protect and care for himself or endangers the safety of others is restricted.
Administrative authorities, notaries and courts, having learned about the existence of a situation that makes it necessary to be placed under guardianship while performing their duties, must immediately notify the competent guardianship authority of this situation.
II. Extravagance, alcohol or drug abuse, bad lifestyle, mismanagement
ARTICLE 406.- Every adult who is in danger of reducing himself or his family to hardship or poverty due to his extravagance, alcohol or drug addiction, poor lifestyle or poor management of his assets, and therefore constantly needs protection and care, or threatens the safety of others, is restricted.
III. Freedom-binding punishment
ARTICLE 407.- Every adult sentenced to a mandatory sentence of freedom for a period of one year or more is restricted.
The authority charged with carrying out the punishment is obliged to notify the competent guardianship authority immediately that such a convict has begun to serve his sentence, to appoint a guardian for him.
IV. By request
ARTICLE 408.- He may request the restriction of every adult who proves that he cannot manage his affairs properly due to his old age, disability, inexperience or severe illness.
C. Procedure
I. Listening to the interested person and expert report
ARTICLE 409.- A person cannot be restricted without rest because of his extravagance, alcohol or drug addiction, bad lifestyle, poor management or desire.
Restriction due to mental illness or mental weakness is decided only on the official report of the board of health. Before making a decision, the judge may listen to the person who is asked to be restricted, taking into account the report of the board.
II. Announcement
ARTICLE 410.- When the restriction decision is finalized, it is immediately announced at the place where the restricted person is registered with the settlement and the population.
The restriction does not affect bona fide third parties before the announcement.
Provisions regarding the consequences of not having the power to distinguish are reserved.(TURKİSH CİVİL CODE)
