Reason for Guardianship Due to Mental Disorders, One of the Cases Requiring Guardian

Abstract

Aim: The aim of our study is to examine guardianship, which is the legal protection provided to individuals who lose their power of discrimination due to mental illness, from the perspective of the cause of mental illness. Materials and Methods: The article examines mental illnesses requiring guardianship under Article 405 of the Turkish Civil Code and mental disorders that may lead to restrictions within the scope of legal regulations. Results: It was determined that the mental illnesses examined necessitate guardianship under Article 405 of the Turkish Civil Code. Additionally, the effects of mental disorders specified within legal regulations on individuals' restrictions were investigated. Conclusion: As a result of the study, it was concluded that guardianship is an important legal tool for protecting individuals who lose their power of discrimination due to mental illness, and the effective use of this tool is crucial. However, further research is recommended to evaluate the effectiveness of current legal regulations in this field.