Vulnerable Persons in Turkey

 

 

Adults

1 - Does your legal system provide for lasting powers of attorney for persons who wish to nominate someone close to them as their guardian in case of loss of legal capacity owing to an accident or illness?

2 - Does your legal system provide for an advance decision on medical treatment for persons who, as a result of an accident or illness, are no longer able to express their wishes with regard to undergoing or refusing medical treatment?

3 - Does your legal system provide for the right to request that a trusted person be named as guardian in case of future incapacity?

4 - Which authority has international, territorial and material jurisdiction to appoint legal guardians?

5 - Is it usual practice to appoint several guardians, to deal with different matters (custody rights, administration of assets, etc.)?

6 - To what formal and material restrictions are legal guardians subject? Specifically, must they be officially approved? Must they have authorization from a court or authority to carry out certain legal acts? 

7 - Under the conflict-of-law rules in force, what substantive law is applicable to:

Minors

1 - Is your country party to the Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-Operation in Respect of Parental Responsibility and Measures for the Protection of Children, which was concluded on 19 October 1996? If so, at what date did it enter into force?

2 - Up to what age is a person considered to be a minor? Are there different levels of legal capacity for minors (e.g. limited legal capacity)?

3 - Who has the general right of custody of a minor?

4 - Who has the general right of legal representation of a minor?

5 - How can the custodian / representative prove his/her right?

6 - According to the national law, who is responsible for giving consent/permission/authorization for a minor child to travel abroad, in the event both parents are not travelling with the child(e.g. one parent, both parents, the guardian, institution, please specify)?