In accordance with Article 396 and subsequent articles of the Turkish Civil Code, guardianship is applied to individuals with limited autonomy, except in certain cases. Minors who are not under guardianship or adults who are unable to provide for their own well-being due to certain health and behavioral problems may be placed under guardianship by court decision. These situations include the appointment of guardians necessary for people to carry out their legal transactions safely.
Situations Requiring Guardianship
1. Minors Not Under Custody: This is applied to protect minors who are not under custody due to reasons such as the death of their parents.
2. Mental Illness or Weakness: The fact that a person has serious problems with his mental health may be a sufficient reason for him to be placed under guardianship. Such cases should be supported by detailed medical evaluations and official medical reports.
3. Extravagance and Addiction: A guardianship decision may be issued for individuals who endanger their assets due to reasons such as alcohol or drug addiction, extravagance or bad lifestyle.
4. Conviction: Persons who have been criminally convicted and whose freedom has been restricted may be placed under guardianship.
5. Guardianship at the Person's Own Will: A person may be placed under guardianship at his own request for reasons such as old age, disability or serious illness. This is a process that a person takes steps for his own well-being.
Features of the Guardian Appointment Case
- The case for appointment of guardian is filed in the presence of the specified circumstances, to protect the relevant person and to carry out legal proceedings safely.
- Cases are customized according to the needs and circumstances of the person concerned, and the court evaluates each case individually.
- The guardian appointment process is managed for the benefit of the person to be placed under guardianship, and in this process, the court takes into account the opinions of family members and healthcare professionals.
Guardian appointment cases are important in order to protect people and keep their rights safe. In such cases, courts conduct detailed investigations to make decisions that consider the health, safety and welfare of individuals. In these processes, it is important to receive legal support to protect the person's rights and ensure that the most appropriate decisions are made.
Who Can Be a Guardian and Who Cannot?
Conditions for Being a Guardian
During the guardian appointment process, natural persons who meet certain criteria can be appointed as guardians by the court. It is essential that the person to be appointed is of legal age and not restricted. Additionally, he/she is expected to have the mental and physical competencies to carry out this task. First of all, one of the spouses or close relatives of the person under guardianship can be appointed as guardian. However, another person may be designated as guardian in line with the law or the preference of the person under guardianship.
Persons Who Cannot Become Guardians
- Restricted Persons: Persons declared restricted by the court cannot be appointed as guardians.
- Those Banned from Public Service and Those Who Live Dishonorable Lives: Those who live lives that do not comply with the moral values acceptable in society or those who are banned from public services cannot be guardians.
- Those with Conflict of Interest: Those who have significant conflicts of interest with the person to be appointed as guardian or those who have open hostility between them cannot be appointed to this position.
- Judges of Guardianship Offices: Judges who handle relevant guardianship cases cannot be appointed as guardians in accordance with the principle of impartiality.
Objecting to the Appointment of a Guardian
An objection may be made against a person appointed as guardian within 10 days from the date of notification of the decision. This objection must be made to the Civil Court of Peace that appointed the guardian. If the court finds the objection appropriate, it may cancel or change the guardian appointment. If the objection is rejected, the court decision and details are transferred to the Civil Court of First Instance and the final decision is made there. This process is important in order to protect the rights of the person under guardianship and to ensure that the appointment of a guardian is carried out fairly.
In which court is the guardianship case or guardian appointment case heard?
Guardianship cases, that is, guardian appointment procedures, are heard in the civil courts of peace where the person to be taken under guardianship is located. Civil courts of peace function as guardianship authorities and guardianship procedures are carried out by these courts. The supervisory authority is the civil courts of first instance. These courts have the authority to review the decisions of the civil court of peace.
Can Notaries Appoint a Guardian?
Notaries do not have the authority to appoint a guardian. Appointment of a guardian is only possible by court decision and is made by the civil court of peace according to the situation and needs of the person to be taken under guardianship.
When does the guardianship duty end?
The guardianship duty usually ends after the two-year period specified by law. However, this period may be extended for another two years by court decision, taking into account the interests of the person under guardianship. If the court deems necessary, it may extend this period again for a period not less than two years.
Who Can Avoid Guardianship?
The right to avoid guardianship is granted to persons who meet certain conditions in accordance with Article 417 of the Civil Code. These conditions include age, health status, family obligations and professional positions. For example, those who are over the age of sixty, those who have difficulty performing this duty due to physical disabilities or permanent illnesses, those who have custody of more than four children, those who already have guardianship duties, high civil servants and members of the legal profession can use the right to refrain from guardianship duties. If these people are appointed as guardians, they can notify the guardianship authority that they will exercise their right of avoidance within 10 days after they learn that they have been appointed.