In Turkish Law, a guardian (vasi) is appointed in cases where
1. the minor has no parents as guardians (veli) or
2. where the adult
i) has weak or no mental abilities or
ii) is in a state of prodigality or addicted to alcohol or drugs or
iii) is convicted by court to a detention of one or more years.
3. A guardian may be appointed as well upon the person's own request arising out of his needs due to his old age, physical handicap, lack of experience or serious illness.
This process starts like a lawsuit, with the claimant submitting a petition of request for a guardian to the Civil Court. The necessary charges and expenses should be paid to the court along with the petition. Please note that the request is not subject to any official charges. Upon the receipt of the petition, the court secretaria appoints a date for the hearing and requests the detailed birth records of the one to be restricted. If the one to be restricted is a person over 18 who has weak or no mental abilities, a medical report from a health establishment regarding his mental position shall be required (This report may be obtained not long before the filing of this case but the judges rather prefer this report to be obtained from the state hospital after the filing of the case). It is in jugde's sole discretion whether to hear the restricted or not. He may choose not to listen to the restricted as well. But in cases where the restricted is in a state of prodigality or addicted to alcohol or drugs, it is mandatory by law for the the judge to hear the restricted.
The guardian to be appointed shall also be heard at the hearing by the court.
The judge chooses the guardian among the close relatives of the restricted and among the persons who have no conflict of interest with the restricted.
