Evaluation of Cases for which guardianship reports were prepared on legal capacity by Süleyman Demirel University, Faculty of Medicine, Department of Forensic Medicine in 2022 and 2023
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Abstract (EN)
Evaluation of Cases for Which Guardianship Reports Were Prepared on Legal Capacity by Süleyman Demirel University, Faculty of Medicine, Department of Forensic Medicine in 2022 and 2023 The aim of our Department of Forensic Medicine is to examine the sociodemographic and clinical characteristics of the cases evaluated and guardianship reports prepared by our Department of Forensic Medicine in 2022 and 2023 regarding legal capacity, as well as the guardianship report results of the restricted candidates, according to the reasons for restriction requiring guardianship within the scope of the Turkish Civil Code, guardianship or legal consultancy eligibility status, and to contribute to the making of objective restriction decisions by considering the rights and interests of individuals from a forensic medical perspective, and to provide data to the literature. In our study, the data of 352 cases who applied to the Department of Forensic Medicine of Süleyman Demirel University between January 01, 2022 and December 31, 2023 "for evaluation regarding legal capacity and for whom guardianship reports were prepared" were retrospectively examined and the Pearson Chi-square Test was used in statistical comparisons. The majority of the cases in our study were between the ages of 18-14, literate, unemployed individuals, 55.6% of the cases required a guardian, 2.3% required a legal consultant, 40.7% did not require restrictions, and 1.7% required post-control evaluation. It was determined that legal capacity was higher in actively working, literate, and highly educated individuals, According to marital status, it was found that those who had never been married before and whose spouses had died were restricted more, and those who were in the process of divorce were restricted less, It was found that 81.6% of the cases aged 65 and over were appropriate to be restricted with any legal representative, and the restriction rate was statistically significantly higher compared to other age groups, It was determined that all of the cases evaluated in the cognitive disorder group with a score of 24 and below were restricted from the MMT result. Physicians should follow a common path within the scope of forensic psychiatric examination in the assessment of legal capacity, examine legal files and medical histories if any, and direct the person for inpatient treatment in institutions when deemed necessary. It is thought that the development and standardization of parameters with validity and reliability such as MMT and HEDEF are very important in legal capacity assessments, and it is expected that the possibility of giving different opinions will decrease if their use increases. It is thought that legal counsel recommendations should be increased in individuals who are considered appropriate to be restricted and who are in a difficult situation with their guardian in terms of their clinical and social competence, if the conditions are suitable.
Author
Özge Savcı Ergün
How to Cite
Özge Savcı Ergün (Medical Specialty Thesis). Evaluation of Cases for which guardianship reports were prepared on legal capacity by Süleyman Demirel University, Faculty of Medicine, Department of Forensic Medicine in 2022 and 2023, 2024, Süleyman Demirel University.
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