Is the Employment of Disabled Adults Under Guardianship Residing in Care Institutions Subject to Permission?
Do Disabled Adults Under Guardianship Residing in Care Facilities Require Permission to Work?
In my column this week, I will attempt to explain a very important issue to you. As you are aware, being a guardian carries significant responsibilities. I will try to provide information on whether it is subject to permission for disabled adults under guardianship residing in care facilities to work.
The Turkish Civil Code regulates in detail how a guardian's duty terminates at the end of the term. Namely;
Turkish Civil Code Article 480 - Guardianship duty, if not extended, ends upon the expiration of the term.
In the relevant article of the Turkish Civil Code, in the event that a guardian is appointed to a restricted person by the guardianship authority, the duty ends automatically upon the expiration of the term if it is not extended. The Court of Cassation is of the opinion that if a decision regarding the termination of the guardian's duty is not taken by the competent court, the guardian's duty continues at the end of the term with the implicit acceptance of both the guardian and the Judge of the Civil Court of Peace. This perspective is accepted as a general rule, as it is consistent with other provisions brought to ensure that the person under guardianship does not remain unrepresented and with the will of the legislator.
Documents containing the conditions regarding the involvement of an adult under guardianship in working life (employability report, suitability for the job, suitability of the workplace for the disability of the person under guardianship, and determinations and reports stating that the disability and being under guardianship will not constitute an obstacle to the job to be performed) must be submitted to the Judgeship of the Civil Court of Peace, which is the guardianship authority, together with detailed information about the workplace and the job. The guardianship authority examines the management and supervision of the income the person will earn in working life, the supervision regarding the assurance of their health and well-being in professional life, and the method of supervision with criteria to be determined in a manner appropriate to the situation in each case, and grants authorization and permission to the guardian if it deems it appropriate.