WHICH SITUATIONS CONSTITUTE A SERIOUS NEGLECT OF DUTY BY THE GUARDIAN?
WHICH CIRCUMSTANCES CONSTITUTE A GROSS NEGLECT OF DUTY BY A GUARDIAN?
In my column in the newspaper this week, I will attempt to explain a very important topic to you. As you are aware, being a guardian carries significant responsibilities. I will attempt to provide information on which circumstances constitute a gross neglect of duty by a guardian.
The grounds for the removal of a guardian from office are regulated in detail in the Turkish Civil Code. Specifically;
Turkish Civil Code Article 483- If a guardian grossly neglects their duties, abuses their powers, engages in behavior that undermines trust, or becomes insolvent, they shall be removed from office by the guardianship authority. If the interests of the person under guardianship are endangered due to the guardian's inability to perform their duties, the guardianship authority may remove the guardian from office even if there is no fault.
As seen in Article 483 of the Turkish Civil Code, the grounds for removal from duty are regulated in detail.
If the guardian,
a) Grossly neglects their duties,
b) Abuses their powers, or
c) Engages in behavior that undermines trust, or
d) Becomes insolvent,
they are removed from office by the Civil Court of Peace, which is the guardianship authority. The guardianship authority may only remove the guardian from office after conducting an investigation and hearing them. If it is observed that the guardian poses a risk due to their inadequacy in protecting the interests of the person under guardianship, they may also be removed from their guardianship duties if deemed necessary. In the event that one of the situations listed above occurs, the judge of the Civil Court of Peace, which is the guardianship authority, has the power to remove the guardian from office.
It is clear that while performing their duties, the guardian must prioritize the protection of the interests of the person under guardianship. The Court of Cassation has established evaluation criteria to determine whether a guardian is working diligently.
• Whether they maintain a harmonious relationship with the person under guardianship that is not based on domination,
• Whether they take the necessary measures for the happiness and development of the person under guardianship,
• Whether they regularly comply with the instructions of the guardianship authorities,
• Whether they ensure that the living standards of the person under guardianship are most appropriate for their income,
can be cited as examples.
The Turkish Civil Code accepts that a guardian is neglecting their duty only in cases of fault. If a state of gross neglect does not exist, the guardianship authority, the Civil Court of Peace, may suffice with issuing a warning to the guardian. If the guardian fails to perform their duties despite the warning, they must be removed from office. Negligence by the guardian in having the restricted person or minor undergo health checks or treatment that does not pose a vital risk, failing to take an interest in their schooling, failing to provide the necessary cooperation and coordination with their teachers, failing to perform tasks and procedures that facilitate the restricted person's personal development and the activities permitted by the court, failing to keep records despite a court order, keeping the person's money on their own person instead of depositing it in a bank, etc., are considered gross neglect of duty. The authority to decide whether the guardian has neglected their duty belongs to the guardianship authority. It is possible to object to this decision before the supervisory authority.