1-) INTRODUCTION
In the context of Turkish law, “custody” refers to the care, education, protection, and representation duties
of parents for a minor child, while “guardianship” refers to the institution that ensures the protection of the
personal and property interests of individuals who lack custody or whose legal capacity is restricted through
a court-appointed guardian. Guardianship can arise for both children (individuals under the age of 18 who
do not have custody rights) and incapacitated adults/elderly individuals.
2-) Legal Basis
The basic legal sources of the guardianship system are:
Turkish Civil Code No. 4721 (TMK)—Custody, guardianship and related provisions (especially articles 335–351
and 403 and following).
Regulation on the Implementation of the Custody, Guardianship and Inheritance Provisions of the Turkish Civil Code
— details such as application procedures and bookkeeping.
Ministry of Family and Social Services guidelines and application documents—Practical knowledge of the guardian’s appointment,
duties and administrative procedures.
Child Protection Law and related regulations—public guardianship/institutional protection arrangements
in the context of child protection.
This legislative framework determines to whom, in what cases and how guardianship will be applied, and the powers of the
guardianship authority (in terms of the civil court of peace and guardianship offices).
3-) Types of Guardianship andGuardianshipCircumstances requiring
3.1. Custody of children
Public guardianship (official guardian): In cases where parental custody is absent or terminated (e.g., death of a parent,
deeming them missing, or removal of custody), children under the age of 18 are placed under guardianship; official
guardianship institutions or appointed individuals serve as guardians. Public guardianship practices are intertwined with
child protection systems.
3.2. Guardianship of restricted adults (with a court-ordered restriction)
Appointment of a Guardian Due to a Restriction: A person’s legal capacity may be restricted due to mental, emotional, or
behavioral disorders, or prodigality. The court issues a restriction order and appoints a guardian. In this case, the
guardian serves as representative in both personal and property matters.
3.3. Other cases
Guardianship appointments for elderly or disabled persons; special practices regarding children in need of protection in the
context of migration (it has recently been observed that migration issues have affected guardianship practices).
4-) Guardianship Case Procedure — Which Court, Who Can Request?
Competent authority:The competent authority for appointing a guardian is generally the civil courts of peace; in matters of
public custody involving children, special procedures and administrative notifications may also be involved. Appointment of a
guardian through a notary is not possible; appointments must be made only by court order.
Capacity to file a lawsuit:Relatives of the individuals concerned, public institutions (Family and Social Services, etc.), or the
court may take action to assess the situation on its own initiative. The court conducts an investigation when it deems it
necessary, particularly to protect the child and the public interest.
5-) Procedure for Being Taken Under Guardianship
Hearing of the Relevant Person and Expert Report
A person cannot be restricted due to extravagance, alcohol or drug addiction, poor lifestyle, poor management, or
will without being heard. For a person to be restricted for any of the aforementioned reasons, they must be heard
by a judge. Furthermore, the judge who hears the person for whom the restriction is requested must explain in
detail the reasons for the restriction request, the reasons for the restriction decision, and the consequences if the
restriction is to be imposed.
A decision on a restriction due to mental illness or mental impairment can only be made based on an official medical
board report. The provisions of Article 436 apply to the preparation of this report, if necessary. Before making a
decision, the judge may hear the person for whom the restriction is requested, taking the board report into
consideration. An official medical board report is required for a restriction order due to mental illness or mental
impairment. When requesting an official medical board report, the judge must write to the board to ask whether there is
any objection to hearing the person for whom the restriction is requested and to state the board’s views on the matter.
must request it from the board.
Advert
Once the restriction decision becomes final, it is immediately announced in the restricted person’s place of residence and place of registration. The
announcement is made once.
The restriction does not affect bona fide third parties before its publication. If the restricted party has entered into any legal
transaction with bona fide third parties before the restriction, the legal transaction is valid. The bona fide of the third party will
be protected until the date of publication. The bona fide of third parties will not be protected after the restriction decision is
published.
The provisions regarding the consequences of not having the power of discernment are reserved. Lacking the power of discernment
No claim of good faith can be made regarding the restriction decision given to the completely incapacitated persons.
6-) Legal Consequences of the Restriction Decision- With the restriction decision, a fully competent individual with the power of discernment will be considered as limited
incompetent.- A guardian will be appointed for the person restricted by the restriction decision.
7-) WHAT ARE THE CASES THAT REQUIRE GUARDIANSHIP?
Childhood
Any minor not under guardianship shall be placed under guardianship. Civil registry officials, administrative
authorities, notaries, and courts who learn of a situation requiring guardianship while performing their duties
must immediately report the situation to the competent guardianship authority. If a minor’s parents die or if
custody is removed from both parents, a guardian shall be appointed.
Restraint
A restriction is the court-ordered restriction of an adult’s life who requires legal protection. The law
lists grounds for such restrictions as mental illness and mental infirmity, extravagance, alcohol or
drug abuse, poor lifestyle, mismanagement, a penalty that restricts freedom, and restrictions due
to old age, disability, inexperience, or serious illness.
Mental Illness and Mental Impairment
Mental illness and mental retardation are listed in Article 405 of the Turkish Civil Code (TCC). Any adult who is unable to perform
their duties due to mental illness or mental retardation, who requires constant assistance for their protection and care, or who
endangers the safety of others shall be subject to restraint. Administrative authorities, notaries, and courts that learn of a
condition requiring guardianship while performing their duties must immediately report this to the competent guardianship
authority. Decisions regarding restraint due to mental illness or mental retardation may only be made based on an official
medical board report. The judge may hear the person for whom restraint is requested, taking the board’s report into
consideration before making a decision.
Extravagance, Alcohol or Drug Abuse, Bad Lifestyle, Bad Management Any adult whose
extravagance, alcohol or drug addiction, poor lifestyle, or mismanagement of assets puts him or
her or her family in danger of hardship or poverty, and therefore requires constant protection and
care, or endangers the safety of others, shall be subject to restriction. The extravagance, alcohol
or drug addiction, poor lifestyle, or mismanagement referred to in Article 406 of the Civil Code
must be persistent and habitual for the restricted individual.
Punishment that restricts freedom
Any adult sentenced to a sentence that restricts their liberty for one year or more shall be subject to detention. The authority
responsible for administering the sentence shall immediately notify the competent guardianship authority that such a person
has begun serving his sentence, so that a guardian may be appointed.
Old Age, Disability, Inexperience or Serious Illness
He/she is unable to manage his/her affairs properly due to his/her old age, disability, inexperience or serious illness.
Any adult who proves it may request its restriction.
😎 Court with Authority and Responsibility in Guardianship Matters
In guardianship matters, authority rests with the guardianship offices in the minor’s or incapacitated person’s place of residence. This authority
is regulated in Article 411 of the Turkish Civil Code (TCC). A person under guardianship cannot change their place of residence without the
guardianship authority’s permission. In the event of a change of place of residence, authority passes to the new guardianship offices. In this
case, the restriction is announced in the new place of residence. The competent court is the Civil Court of Peace.
has been arranged.
9-) Appointment of a Guardian
The guardian is responsible for protecting all interests related to the person and property of the minor or incapacitated person
under guardianship and representing him/her in legal proceedings. The guardianship authority appoints an adult person
capable of fulfilling this duty as guardian. Where necessary, multiple guardians may be appointed to fulfill this duty jointly or
individually, in accordance with their respective powers determined by the guardianship authority. More than one person may
not be assigned to carry out the guardianship jointly without their consent. If more than one person jointly carries out the
guardianship, they shall be jointly responsible, provided their responsibilities are not separate.
What are the conditions for appointing a guardian?- Natural persons can be guardians.- The person to be appointed as a guardian must not be an adult or under legal guardianship.- The guardian must be capable of performing the guardianship duties.
Reasons that Prevent Guardianship- Restricted- Those who are banned from public service or lead a dishonorable life- Those whose interests conflict significantly with the interests of the person to be appointed as guardian or who have hostility
towards him/her.- Judges of relevant guardianship offices
Obligation to Accept Guardianship- Those appointed as guardians from among those residing in the place where the person under guardianship resides are obligated to
accept this duty. If appointed by the family council, there is no obligation to accept the guardianship.
Reasons for Avoiding Guardianship
Article 417 of the Turkish Civil Code (TMK) specifies the individuals who will not accept guardianship. These individuals are:- Those who have reached the age of sixty- Those who can perform this task with difficulty due to physical disabilities or chronic illnesses.- Those who are parents of more than four children- Those who have guardianship duties- President, members of the Turkish Grand National Assembly, vice presidents- Ministers, judges and prosecutors
10-) Guardian Appointment Procedure
The guardianship authority is obligated to appoint a guardian without delay. If necessary, restrictions may be imposed
on minors; however, the restriction decision becomes effective only after they reach adulthood. As a rule, children who
have reached adulthood are not placed under guardianship, but remain under guardianship.
If guardianship matters require it, the guardianship authority shall take the necessary measures ex officio before appointing a guardian; in particular, it
may temporarily revoke the legal capacity of the person whose legal restraint is requested and appoint a representative. The guardianship authority’s
decision shall be published. The appointment decision shall be immediately notified to the guardian. The decision regarding the restriction and the
appointment of a guardian, or if the person under guardianship is placed under guardianship, shall be published in the place of residence and place of
registration of the person under guardianship.
11-) Objection to Guardian Appointment
The person appointed as guardian may exercise their right to refrain from guardianship within ten days of being notified of the
appointment. Anyone concerned may assert that the appointment is unlawful within ten days of learning of the appointment of
a guardian. If the guardianship authority deems the reason for refraining from guardianship or objecting to it to be justified, it
will appoint a new guardian; if not, it will report the situation to the supervisory authority, along with its opinion, for the
necessary decision. Even if the person appointed as guardian has refrained from guardianship or their appointment has been
objected to, they shall continue to perform the duties of a guardian until a replacement is appointed.
is obliged to bring.
12-) Duties of the Guardian
Bookkeeping
Once the guardianship appointment decision is finalized, a ledger of the assets to be administered shall be kept immediately by
the guardian and a person designated by the guardianship authority. If the person under guardianship possesses the capacity
to discern, they shall be present, if possible, during the recording of the ledger. If circumstances warrant, the supervisory
authority may, upon the request of the guardian and the guardianship authority, order the maintenance of an official ledger of
the ward’s assets. This ledger shall have the same consequences for creditors as the official ledger of an inheritance and shall
be kept in accordance with the procedures therein.
Safekeeping of Valuables
Valuable documents, valuable items, important documents and the like are placed in a safe place under the supervision of the
guardianship authority, unless there is a problem in terms of managing the assets.
Sale of Movables
If the guardian’s interests require it, movable property, other than valuables, shall be sold by auction, in accordance with
the instructions of the guardianship authority. The judge may also order a sale by negotiation, taking into account
special circumstances, the nature of the movable property, or its low value. Items of particular value to the guardian or
his or her family may not be sold unless absolutely necessary.
Depositing Money
Any funds not required for the ward’s own personal use or the management of their assets are
deposited to earn interest in a national bank designated by the ward’s office or converted into
securities issued by the Treasury. A ward who delays depositing funds for more than one month is
liable for any lost interest. Investments deemed insufficiently secure are converted into secure
investments. The conversion must be made at the appropriate time and in the ward’s best
interest.
Commercial and Industrial Enterprises
If the person under guardianship has a commercial, industrial or similar enterprise among his/her assets, the guardianship authority
gives the necessary instructions for the continuation of their operation or liquidation.
Sale of Real Estate
The sale of real estate is permitted only upon the instructions of the guardianship authority and only when the interests
of the person under guardianship necessitate it. The sale shall be conducted by auction by a person designated by the
guardianship authority, with the guardian present. The auction shall be completed with the guardianship authority’s
approval; the decision on approval must be made within ten days of the auction date. However, the supervisory
authority may, in exceptional cases, consider special circumstances, the nature of the property, or its low value.
may also decide to buy and sell by bargaining.
13-) Responsibility of Guardianship Bodies
Duty of care
Guardianship bodies and other persons entrusted with guardianship matters are obliged to show the
care required by good administration while performing their duties.
Responsibility of the guardian
A guardian is liable for any damage caused to a person under guardianship through negligent conduct while
performing their duties. The same provision applies to trustees and legal advisors.
State responsibility
The State is directly liable for damages unlawfully caused by those in charge of guardianship offices, as well
as for damages that cannot be compensated by guardians, trustees, and legal advisors. The State that
compensates for the damage has recourse against those at fault for causing the damage. Those whose
negligence caused the damage are jointly and severally liable to the State that exercises its right of recourse.
14-) Termination of Guardianship
Guardianship over a minor automatically terminates upon the minor reaching adulthood. If adulthood has been determined by
the court, the court will also determine and announce the date on which the minor will reach adulthood.
Guardianship over a person restricted due to a sentence restricting their liberty terminates automatically upon the
termination of their imprisonment. Guardianship over other restricted individuals terminates by decision of the
competent guardianship authority. Once the reason for the guardianship ceases, the guardianship authority decides to
terminate the guardianship. Each of the restricted individuals and the relevant parties may request the removal of the
guardianship.- If a restriction has been declared, its removal will also be declared. Regaining legal capacity is not
dependent on the declaration.
15-) Criteria for Appointing a Guardian
The priorities and criteria regarding who will be chosen as guardian are specified in the provisions of the Regulation and the Turkish Civil Code:
First of all, close family members (grandparents, legal heirs) are preferred; if they are not suitable, third parties or
official institutions (institutional guardian for children) may be appointed.
The guardian’s qualifications, such as competence, reliability, ability to provide appropriate care, and
absence of conflicts of interest, are evaluated. Furthermore, the guardian’s ability to manage financial
affairs is crucial.
16-) Duties, Powers and Obligations of the Guardian
Personality-related tasks:To look after the personal needs of the person under guardianship, such as care, protection, health,
education and shelter; to make the necessary decisions.
Duties in terms of assets:To manage the ward’s assets, maintain necessary books and accounts, and report to
the guardianship authority. The guardian may need permission from the guardianship authority to perform
certain legal transactions (e.g., significant dispositions, filing lawsuits). The Civil Code regulates this permission
system.
17-) Supervision — Guardianship Authority and Reporting
Guardianship authorities (courts/wardship offices) oversee the guardian’s activities and accounts and may, if necessary,
issue decisions to replace the guardian, restrict their duties, or remove them. The official records and ledgers that the
guardian must keep are regulated by the Statutes.
18-) Termination of Guardianship and Change of Guardian
Guardianship ends or changes in the following circumstances: the person reaches adulthood, the restriction order is lifted, the
guardian’s death/resignation/misconduct, the guardian is replaced at the discretion of the guardianship authority, or the
guardianship order is lifted. Furthermore, if unlawful acts of disposition of assets or mismanagement by the guardian are
detected, court intervention is possible.
19-) Problems Seen in Application
19.1. Guardian’s financial conflicts of interest and allegations of extravagance
Some claims of limitation are based on the claim of “wastefulness.” Supreme Court precedents emphasize that
claims of wastefulness must be based on concrete evidence and that the court conducts a thorough investigation.
Precedents in this area play a significant role in practice.
19.2. Public guardianship and institutional care needs
Public guardianship practices, particularly for children who have lost their parents or are in need of protection, are
increasing; the need for protection for immigrant and refugee children is complicating guardianship practices.
International harmonization and integration with child protection mechanisms are a significant current issue.
19.3. Administrative practice and guardian’s remuneration
Practical issues such as the conditions under which the state will cover the guardian’s fees, the amount of the fee,
and the guardian’s financial resources are discussed in court decisions and administrative guidelines. In some
cases, the Treasury has been implicated in covering the guardian’s fees.
20-) CONCLUSION
The guardianship system is a crucial institution related to public order, aimed at protecting
children, the elderly, the disabled, and individuals with limited legal capacity. While Türkiye has a
comprehensive legal infrastructure under Turkish Civil Code No. 4721, in practice, disruptions in
judicial processes, lack of oversight, and inadequate public guardianship capacity create
significant problems.
The increase in guardianship cases is driven by aging society, migration, changes in family structures,
and inadequate social services. It is imperative that regulations comply with international human rights
standards, particularly for children and individuals in need of protection. Furthermore, objective criteria
must be established for the appointment of guardians, and asset management must be monitored
through transparent and regular auditing mechanisms. The use of digital reporting systems can
prevent abuse in this process.
Supreme Court precedents emphasize the importance of concrete and scientific evidence, particularly
in determining limitations and extravagance. It is crucial that these decisions be systematized to guide
practice. Furthermore, specialized courts should be established to reduce the workload in civil courts of
peace, or training programs should be increased to allow judges to specialize in guardianship cases.
Ultimately, the guardianship system should be considered not only as a legal system but also as a
reflection of the principle of the social state. Its effectiveness is critical for both protecting
individual rights and ensuring social justice.
COURT OF APPEALS DECISIONS REGARDING GUARDIANSHIP CASES
1-) Supreme Court of Appeals 20th Civil Chamber 2020/113 E., 2020/1116 K. (Authority Issue in Guardianship
Cases);
“…Tavşanlı Civil Court of Peace ruled that the court lacked jurisdiction on the grounds that the
convict’s MERNİS address belonged to the penal institution and the convict’s residential address
before entering prison was “…
According to Article 411 of the Turkish Civil Code, “Authority in guardianship matters belongs to the guardianship offices in the
minor’s or the person with a disability in their place of residence.” According to Article 19/1 of the same code, “A residence is
the place where a person resides with the intention of staying permanently.” Article 412 of the Turkish Civil Code states, “A
person under guardianship cannot change their place of residence without the permission of the guardianship authority. In
the event of a change of residence, authority passes to the new guardianship offices. In this case, the restriction is announced
in the new place of residence.” Based on the file’s review, the Soma Civil Court of Peace, the guardianship authority, has no
authorization to permit a change of residence for the person with a disability, as per Article 412/1 of the Turkish Civil Code.
Therefore, the Soma Civil Court of Peace has jurisdiction to decide on the notification.
2-) Supreme Court of Appeals 1st Civil Chamber 2015/10712 E., 2018/1186 K. (Expert Report on Guardian
Appointment);
“…In the present case, although it is seen that the plaintiff was appointed a guardian by the Civil Court of Peace’s
decision numbered 2012/667 and 2012/1769, based on the report obtained from the Training and Research Hospital, it
is not possible to say that this is sufficient within the scope of the principles and regulations mentioned above. In this
case, first of all, considering that the plaintiff is dead and one of his heirs is the defendant, a representative should be
appointed for the plaintiff’s estate and the trial should continue in his presence, a report should be obtained from the
Fourth Specialization Board of the Forensic Medicine Institute regarding the power of attorney, assignment, discharge
and whether the plaintiff had the legal capacity to act on the dates of the lawsuit by attaching the health board reports,
patient observation papers, prescriptions etc., and a decision should be made within the framework of the conclusion
to be reached, it is not correct to settle for an incomplete investigation and to render the verdict as written. The
plaintiff’s appeal objections are valid. With the acceptance of the verdict, for the reasons stated (temporary
amendments of Law No. 6100) “…by referring to its article 3) pursuant to article 428 of the Civil Procedure Code
numbered 1086…”
3-) Supreme Court of Appeals 8th Civil Chamber 2017/7861 E., 2018/1473 K. (Custody Case – Request for Guardian
Appointment);
“…Guardian appointment requested… was born on 09.03.2006 to … and … in the marriage union established on 16.02.2004,
the parties… were divorced by the decision of the Family Court dated 08.09.2006, numbered 2005-223, decision numbered
2006-316, and the custody of … was given to the mother …. Following the death of the mother on 24.06.2015, the child was
handed over to a foster family upon the request of the Ministry of Family and Social Policies, and upon the request of the Civil
Registry Office for the appointment of a guardian, the foster mother … was appointed as guardian by the court. The decision
was appealed by the father.
Provisions regarding guardianship pertain to public order, and the primary concern is the custody of minor children. If
a child not under guardianship is placed under guardianship, the primary concern is custody, and the father who
requests custody should be given the opportunity to file a custody lawsuit, and a decision should be made based on the
outcome of that lawsuit. … Given that the Family Court has filed a custody lawsuit filed by the minor’s father in case file
number 2015-381, it is deemed inappropriate to accept the case, while waiting to see if custody would be granted to
the father. If custody were granted to the father, the request for the appointment of a guardian should be rejected. If
custody were not granted to the father, the decision should be made to appoint a guardian, as is currently the case.
4-) Supreme Court of Appeals 2nd Civil Chamber 2020/3553 E., 2020/5294 K. (Obligation of the Guardian to Obtain
Permission to File a Lawsuit);
“…A guardian must obtain a “permission to file a lawsuit” decision from the guardianship authority to file a lawsuit on
behalf of the person under their guardianship (TCC Art. 462/8). If a transaction requiring the guardianship authority’s
permission is performed without such permission, the guardian’s action does not bind the person under their
guardianship (TCC Art. 465). The decision granting permission to file a lawsuit issued by the Istanbul 2nd Civil Court of
Peace on December 5, 2014, in file number 2014/881, does not apply to this case. Hearing a lawsuit filed by a guardian
without a duly issued decision granting permission to file a lawsuit by the guardianship authority is unlawful and
requires reversal…”
5-) Court of Cassation 2nd Civil Chamber 2016/15821 E, 2018/5629 K. (Guardian Appointment in Divorce
Case – Conflict of Interest);
“…The formation of a party is related to public order and must be taken into consideration ex officio at every stage of
the trial. From the evidence collected, it is understood that the defendant man … was appointed as a guardian by the
additional decision of the Civil Court of Peace, numbered 2012/1001 and decision numbered 2013/52-1, dated
18.12.2013, and subsequently, due to the divorce case filed between the parties …, it is understood that the lawyer …
was appointed as a guardian to represent the defendant man in the divorce case and attended the hearings by the Civil
Court of Peace, numbered 2015/567 and decision numbered 2015/902, dated 21.08.2015. In the case, the plaintiff and
defendant positions of the parties are combined and the appointment of a guardian does not eliminate this issue. In
that case, since the interests of the restricted man are in conflict with the plaintiff woman, who is the guardian in the
divorce case opened, the court ordered the appointment of a new guardian for him to follow the divorce case opened.
“While the merits of the case should have been examined after the decision regarding the appointment of a guardian
was entered into the file and the continuation of the trial and the issuance of a written verdict was contrary to
procedure and law and required reversal…”
MOST WONDERED QUESTIONS ABOUT GUARDIANSHIP CASES
1-) What is a guardianship case?
A guardianship case is a lawsuit filed by the court to appoint a guardian for the protection of individuals who
lack or are limited in legal capacity (e.g., children, the mentally disabled, or those with mental illness) or
children without custody. This case aims to protect both the individual’s personal rights and their assets.
2-) Who can file a guardianship case?
Guardianship case;- Relatives of the person whose restriction is requested, such as spouse, child, sibling or parent,- Prosecutor,- Ministry of Family and Social Services,- The court may initiate it ex officio (on its own initiative).
Especially when it comes to children, public institutions have the authority to initiate proceedings.
3-) Which court hears the guardianship case?
Guardianship cases are heard by civil courts of peace. However, in some cases, the civil court of first instance also has
jurisdiction as a supervisory authority.
4-) Who can be placed under guardianship?- Children under 18 years of age who do not have custody,- Adults with mental illness or mental retardation,- Extravagance, alcohol or drug addiction,- Those who received a prison sentence of more than 1 year from the criminal court,- Other situations requiring restrictions by court order.
5-) Who is the guardian and what are his duties?
A guardian is a court-appointed person who represents the person under guardianship and protects their personal and
financial rights.
Duties:- To meet the care, education and health needs of the person under guardianship,- Protecting and managing assets,- To submit regular reports to the court,- Obtaining permission from the court for important legal transactions.
6-) How long does a guardianship case take?
The duration of the case may vary from three months to one year, depending on the content of the case file, the evidence to be
collected, expert reports, and the court’s workload. In urgent cases, a guardian can be appointed quickly through temporary measures.
7-) Who can be appointed as a guardian?- First of all, mother, father, sibling or other close relatives,- If no close relatives are found, reliable third parties,- If no one is suitable, a state institution (e.g. child protection institutions) may be appointed.- The guardian must be competent, reliable and have no conflict of interest.
😎 Is it mandatory to be a guardian or can it be refused?
The person appointed as guardian may refuse the duty if he has a justified excuse.
For example:- Health problems,- Extreme old age,- Conflict of interest within the family,- Workload or other heavy responsibilities.- The court evaluates these reasons and appoints someone else.
9-) For which procedures does the guardian have to obtain permission from the court?
The guardian must obtain permission from the guardianship authority (civil court of peace) for critical matters such as the sale
of real estate, significant asset transactions, filing lawsuits, and accepting inheritances. Otherwise, the transactions are invalid.
10-) What documents are required in a guardianship case?- Identity information of the person who is requested to be placed under guardianship,- Medical board report (if the reason for restriction is a medical condition),- Documents showing the relationship status (civil registry sample),- Documents regarding assets, if necessary,- Petition of request.
11-) What happens when the guardianship decision becomes final?
After the decision is finalized:- The guardian is given an official appointment letter by the court,- The guardian can carry out transactions on behalf of the person under guardianship,- The court requests account reports from the guardian at regular intervals.
12-) When does guardianship end?- The person under guardianship must be an adult (over 18 years of age),- The cause of the limitation disappears (e.g. improvement of mental health),- Death of the person under guardianship,- The court’s decision that the guardianship has ended.
13-) What happens if the guardian abuses his/her duty?
In case the guardian abuses his/her duty;- The court terminates the guardianship duty,- If there is material damage, a lawsuit for compensation can be filed,- If necessary, criminal sanctions are applied.
14-) Can the guardian receive a fee?
Yes, a guardian may receive a reasonable court-determined honorarium or fee for their
duties. This fee is generally funded from the ward’s assets.
If the person does not have assets, payment by the state may be considered.
15-) Is it necessary to hire a lawyer in a guardianship case?
While it’s not mandatory to hire a lawyer, it’s recommended to follow up with a lawyer to ensure the legal nature of the
case, gather documents, and avoid any potential loss of rights. Legal assistance is especially crucial in cases involving
restrictions, property, and children’s rights.
The Importance of Legal Support
Guardianship cases require technical knowledge, legislative expertise, and in-depth expertise in judicial
practices. While the legal provisions are clear, each case has its own unique circumstances, and even a
small mistake can lead to loss of rights. Therefore, working with an experienced attorney from the
beginning of the process is crucial to determining the right strategy, protecting your rights, and
achieving the swiftest resolution.
It’s important to remember that every step taken during the litigation process has legal and financial implications.
A professional lawyer will guide you not only in preparing the petition but also in gathering evidence,
representing the court, negotiating, and pursuing potential alternative solutions.
In order not to risk your rights and to manage the process safely, it is recommended that you consult a specialist lawyer.