Restriction due to Mental Illness among the Conditions Requiring Guardianship

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Anka Tıp Dergisi
Volume:6 Issue:2
Restriction due to Mental Illness among the Conditions Requiring Guardianship

Restriction due to Mental Illness among the Conditions Requiring Guardianship

Pages : 46-50

View : 128 | Download : 121

Publication Date : 2024-07-04

Article Type : Review Paper

Abstract :This study aims to examine guardianship, which is the legal protection provided to people who lose the power of discernment due to mental illness, in terms of mental illnesses. In the article, mental illnesses that require guardianship within the scope of Article 405 of the Turkish Civil Code and mental illnesses that may cause restrictions within the scope of the legal regulation, and also the effects of mental illnesses determined within the scope of the legal regulation on the restrictions on individuals were examined. It was determined that the mental illnesses examined necessitate guardianship under Article 405 of the Turkish Civil Code. In conclusion, this study concludes that guardianship is an important legal tool to protect individuals who have lost the power of discernment due to mental illness and also the effective usage of this tool is important. Therefore, further research in this field will provide healthier results in terms of evaluating the effectiveness of existing legal regulations.
Keywords : Mental Illnesses, Guardianship, Restriction

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