Guardianship is divided into public guardianship and private guardianship in our law.
In public guardianship, guardianship bodies are guardianship offices, guardians and curators. The guardianship authority is the civil court of peace; The supervisory authority is the civil court of general jurisdiction.
Special guardianship is established by the supervisory authority upon the request of two close relatives or one relative of the person under guardianship who have the capacity to act. Guardianship may exceptionally be entrusted to a family if the interests of the person under guardianship justify, especially if a business, partnership or similar business needs to be maintained. n this case, the authority, duty and responsibility of the guardianship authority passes to the family council to be established.
Cases requiring guardianship are minority, mental illness or mental weakness, extravagance, alcohol or drug addiction, mismanagement, bad life style, freedom-binding punishment or the own request of the party.
According to the article 21/2 of the Turkish Civil Code, "The place of residence of the persons under guardianship is the place where the guardianship authority is located."
A person cannot be restricted without being listened because of his extravagance, alcohol or drug addiction, bad lifestyle, mismanagement or his own request.
Due to mental illness or mental weakness, the restriction is only decided upon the official medical board report.
The guardianship office appoints an adult who is capable of performing this task as guardian. When necessary, more than one guardian may be appointed to perform this task together or individually in accordance with the powers determined by the guardianship authority.
More than one person cannot be assigned to carry out the guardianship together without their consent.