The protection of elderly persons especially, who are no longer capable of discernment due to significant mental illnesses at advanced ages and who, therefore strongly require attention and support, is among the topical legal issues. With the changes made in 2008 in the Swiss Civil Code regarding its provisions relating to guardianship, a regulation, the application of which is mandatory, has been put in place in order to improve the legal statuses of and protect the persons who are not capable of discernment, that stay in dormitories or care institutions. In this regard certain provisions have been provided; such as the minimum content of the care contract between the institution and the person who is incapable of discernment, the protection of the personality and the representation of the person that is incapable of discernment, the restriction of the freedom of movement, auditing of the relevant institutions and the legal remedies against the decisions of these institutions. These provisions are noteworthy in the sense that they provide transparency for the legal relationship between the institution and the person that is incapable of discernment and the protection of the personality of such person. In Turkey, the provision of care and support for adults that are not capable of discernment, especially for the elderly and the disabled, is regulated with the Law on Social Services numbered 2828 and dated 24.05.1983 and various Regulations related therewith. Although the relevant regulations of Turkish law has well-directed points, the legislation in general seems to lack coherence. In particular, there are no explicit provisions that effectively protect the persons staying in the relevant social services institutions. The legal status of adults that require care, especially the elderly people suffering from illnesses such as dementia, should be coherently re-regulated with a modern perspective. Taking the regulations in Swiss law and the scientific views into consideration in this process would be beneficial.