Guardianship and Assignment of Guardians

tutelage; in the room enumerated in the law, also in the field with them, to take advantage of material and vital benefits for the process of limitation of operating licenses, to leave the administration of guardianship is an institution.

Guardianship organs considered in the law; guardianship offices and guardians and trustees.

Haller to be taken under guardianship

1- Smallness:

According to the Civil Code, it is taken under guardianship by means of his small tutelage. There may be different reasons why the minor is not under custody. A certain number of mother and father, died or the parental rights of the mother and father have been abolished reasons such as custody of the minor can be taken.

2- Restriction:

Under guardianship for mental illness or mental weakness;
According to the Civil Code regulation, mental illness or weakness is the guardian of those who work there, or her guardianship that must be done for care and protection, or that jeopardizes the safety of someone else.

In order to be able to receive guardianship because of mental illness or weakness of the person, it is mandatory in the medical report from the official health board. This issue can be found at the discretion of the judge and is an obligation arising from the law. Before deciding, the judge listens to the decision to decide by taking the board report.

Extravagance, Alcohol or Drug Substance Abuse, Bad Life, Bad Guard
The ability to manage extravagance, alcohol or substance abuse, poor lifestyle or mismanagement of its assets leads to the danger of photography or family shortening or poverty, and is therefore prepared for continued care and protection.

In fact, everyone has the right to save on their property, subject to any restrictions. Healthy things, just spending too much money while being able to guard. According to this regulation of the law to be able to receive guardianship, one of the wasteful people must be the cause of a bad lifestyle or alcohol or drug addiction. We expect only the future heirs to be present in the future for the protection of the right of inherited inheritance to prevent overpayment of a mature and healthy person. For restriction, the extravagance must be of a size that will remove it there or the family.

According to this reason, before the decision of restraint, we may want to be taken to the guardianship.

Making the provision of freedom under the guardianship for the purpose of binding;
Restrict freedom for a year or more. This is the case where the Authority (executions or prison administration) has begun to execute the sentence (the execution office or the administration of the prison).

On request;
Finally, the Civil Code regulated your request at the adult meeting by means of guardianship. According to this, older people cannot manage their jobs when they can get older and have a disability, activity or serious illness.

Who Can Ask the Restriction (Guardianship) Decision?

The magistrate decides. This practice is referred to as the custody case in the application talebili practices competition.

As can be understood from the rule of law, limitation and guardianship are basically a matter of concern to public order. In a country can be received guardianship device can request to request. The public interest is taken into consideration when discussing the things about the weightlifting, hearing it and not being able to manage its assets, fighting the benefits, and putting the danger of the protection of others. The ministry may receive tutelage, that is, the benefit of the minor, and indirectly the public interest.

In accordance with the regulation of the law by using this legal benefit feature to be protected, everyone can be claimed to be made guardianship of a minor or an adult. In fact, if you are faced with a situation that can be taken in guardianship chambers for minorities and mental illnesses, civil servants, administrative authorities, notaries and courts must immediately notify the competent guardianship authority.

The restriction and the appointment of a guardian are essentially a matter of urgent action by the competent authorities, and the requested custody cases should be reported to the competent authority.

Appointment of Restricted Guard

For the person who is decided to be placed under guardianship, he / she is appointed as a karar guardian görev who is capable of doing this duty. In cases where necessary, more than one guardian may be assigned to a constraint to perform the task together or to perform the tasks separately. The guardians to be appointed for this should be given consent to work together.

Pursuant to the law, the spouse and the relatives have priority in the appointment as guardian. The guardianship office should first consider those closest to the restraint unless there is an obstacle to the guardianship.

Again, unless it is an obstacle, the guardian is appointed to the person to be taken under guardianship or the person demanded by his or her parents. In other words, the person who will be taken under guardianship has the possibility to choose his own guardian.

Attorney’s Office

The person in charge of taking the person under guardianship, appointing a guardian, changing the guardianship and abolishing the guardianship is the Magistrate’s Law Judge. The authority is in the Magistrates’ Court in the settlement of the minor or the restricted.

Procedural Procedure

Magistrate’s Court of Justice decides on the guardianship as soon as possible by making necessary research and evaluations in accordance with the regulations and principles explained above. If deemed necessary, he / she may immediately remove the precautionary person’s capacity to take the necessary measures and immediately appoint him a representative.

The final decision of both the injunctive decision and the examination shall be notified to the population. Thus, the limitation of the person, the annulment of the population is deducted. The transactions made by third parties with good intentions are not affected before the announcement.

The decision is also notified to the appointed guardian. The person appointed to the guardianship may exercise his / her right to avoid guardianship within ten days from the notification. Everyone has the right to appeal that the assignment is unlawful within ten days from the day they learn about the custody order. If the guardianship authority justifies the objections of the guardian or those concerned, he / she goes to appoint a new guardian. If he does not see the objections in place, he shall inform the audit authority of the situation in order to make the necessary decision.

Causes of Guardianship and Situation of Guardianship

As a rule, the guardian appointed by the guardianship authority is obliged to fulfill this task. In some cases, the law gave people the right to avoid this duty. These conditions;

People over 60 years old,
Those who cannot perform this duty due to physical disability or permanent illness,
More than four parents,
Those with another person’s guardian,
President of Grand National Assembly of Turkey and the Cabinet members, judges and prosecutors are professionals
These cases are not obstacles to guardianship, they can accept the duty of guardianship. However, they have the right to refuse the duty as required.

The obstacles to the guardianship are;

Restriction; a person under guardianship cannot be appointed as guardian.
Those who are banned from the public service or who live dignity,
Persons with significant conflict of interest or hostility between the guardian and
Judges of the relevant guardianship offices cannot be appointed as guardians.