What happens if the appointed guardian or another relevant party objects to the guardian?
What Happens if the Appointed Guardian or Another Interested Party Objects to the Guardianship?
In this week's column reserved for me in the newspaper, I will try to explain a very important topic to you. As you know, being a guardian carries significant responsibilities. I will attempt to provide information regarding what happens if the appointed person or another relevant party objects to the guardianship.
The Turkish Civil Code details how the guardianship duty terminates at the end of the term. Specifically;
Turkish Civil Code Article 480 - The duty of guardianship ends with the expiration of the term, unless it is extended.
Under the relevant article of the Turkish Civil Code, if 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 holds the view that if no decision is made by the competent court regarding the termination of the guardian's duty, the duty continues through the implied consent of both the guardian and the Judge of the Civil Court of Peace at the end of the term. This perspective is accepted as the general rule, as it is consistent with the legislator's intent and other provisions implemented to ensure that the person under guardianship is not left without representation.
With the requirement deemed necessary by the Judge of the Civil Court of Peace, which is the guardianship authority, the distribution of inheritance in the event of the death of the restricted person under guardianship becomes a matter of curiosity. The inheritance of the person under guardianship is distributed by their legal heirs in accordance with the inheritance provisions in Book 3 of the Civil Code. There is no different practice regarding the distribution of the inheritance of a person who passes away while under restriction. With the occurrence of death, the state of restriction also ends, and the transfer procedures of the assets belonging to the restricted person are carried out by the legal heirs stated in the certificate of inheritance. The fact that the legal heirs did not provide support or show interest in the care of the restricted person during their lifetime and while they were in good health does not affect their status as heirs.
In accordance with Article 422 of the Turkish Civil Code;
IV. Declining and objection
1. Procedure
Turkish Civil Code Article 422 - A person appointed as a guardian may exercise the right to decline the guardianship within ten days starting from the notification of this situation to them. Any interested party may claim that the appointment is contrary to the law within ten days starting from the day they learn that the guardian has been appointed. If the guardianship authority finds the reason for declining or the objection justified, it appoints a new guardian; if it does not find it justified, it notifies the supervisory authority of the situation along with its opinion to make the necessary decision.
is regulated as follows.
According to the relevant articles of the Turkish Civil Code, everyone who is an interested party has the right to claim that the appointment is contrary to the law within ten days from the day they learn of the appointment of the guardian. Since the decision to appoint a guardian most concerns the person to whom the guardian is assigned, the restricted person themselves can primarily object to the guardian. Anyone who is remotely or closely related, or has a vested interest in the decision to appoint a guardian, can object. Since guardianship is a matter involving public order, the concept of "interested party" is interpreted in the broadest sense in doctrine and practice. A friend, teacher, lawyer of the restricted person, another guardian candidate, or people who live with or have a relationship with the person under guardianship may be included among the "interested" parties. Objections can be raised by interested parties by citing situations such as a conflict of interest between the person under guardianship and the guardian, the guardian living an undignified life, non-compliance with the Turkish Civil Code in the appointment of the guardian, or the existence of a condition that prevents guardianship. Article 422 of the Turkish Civil Code limits the grounds for objection to "non-compliance with the law." The objection must be made to the Civil Court of Peace, which is the guardianship authority that made the appointment, by explaining the justifications.
In accordance with Article 423 of the Turkish Civil Code;
2. Temporary duty
Turkish Civil Code Article 423 - A person appointed as a guardian is obliged to fulfill the duties pertaining to the guardian until another person is appointed in their place, even if they have declined the guardianship or their appointment has been objected to.
is regulated as follows.
According to the Turkish Civil Code, a person appointed as a guardian is obliged to fulfill the duties of guardianship until someone else is appointed in their place, even if they have declined or there has been an objection to their appointment. According to the Turkish Civil Code, the appointed person shall perform their guardianship duties until a new guardian is appointed or the evaluation of the objections against the appointed person is concluded, in order to protect the rights of the restricted person and ensure that their affairs are not delayed. However, if an objection is made and the Judge of the Civil Court of Peace has preventively suspended the guardian from their duties and appointed another legal representative as a precautionary measure to conduct the business until a new guardian is appointed, the guardian's obligation to carry out the transactions ceases. If the guardian appointed by the Judge of the Civil Court of Peace does not fulfill the obligation to continue the duty until a new one is appointed, and the restricted person suffers damage as a result, the guardian is responsible for the damage caused.