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Frequently Asked Questions About Guardianship Procedures and the Guardianship Process

November 14, 2025

List of Frequently Asked Questions Regarding Guardianship Procedures and the Process of Guardianship

WHAT IS GUARDIANSHIP?

Guardianship is the name given to the legal procedure that ensures individuals are protected by the state and that their affairs and transactions are carried out by designated bodies under supervision. The grounds requiring an individual to be placed under guardianship in the Turkish Civil Code are regulated as follows:

Being under 18 years of age and not being under parental custody,

Mental illness or mental infirmity,

Profligacy, addiction to alcohol or drugs, a dissolute lifestyle, or mismanagement of assets,

Being sentenced to a term of imprisonment of one year or more,

Old age, disability, inexperience, or a state of serious illness (at the request of the person to be restricted)

WHAT ARE THE GUARDIANSHIP AUTHORITY AND THE SUPERVISORY AUTHORITY?

The guardianship authority is considered to be the Civil Court of Peace, while the supervisory authority is the Civil Court of First Instance.

WHO IS A GUARDIAN?

The duties and obligations of a guardian are clearly regulated in the Turkish Civil Code, though a specific definition is not provided. A guardian is the person appointed by the guardianship authority, the Civil Court of Peace, within the requested period, who is tasked with protecting all interests of the minor or restricted person under guardianship regarding their personality and assets, and representing them in legal transactions, within the framework of the limits set by the Turkish Civil Code and in accordance with the instructions of the guardianship authority.

WHO IS GIVEN PRIORITY WHEN APPOINTING A GUARDIAN?

SECTION FOUR

APPOINTMENT OF A GUARDIAN

II. Priority of the spouse and relatives

Pursuant to Article 414 of the Turkish Civil Code: “Unless justified reasons prevent it, the guardianship authority shall appoint the spouse or one of the close relatives of the person to be placed under guardianship to this position, provided they meet the conditions for guardianship. In this appointment, the proximity of their residences and personal relationships are taken into consideration.”

The judge of the Civil Court of Peace, acting as the guardianship authority, may appoint the spouse or a close relative of the person to be placed under guardianship, provided they meet the conditions for guardianship and there are no justified reasons to the contrary. When making a decision regarding the guardianship appointment, the Civil Court of Peace judge also considers the proximity of the potential guardians' residences and their personal relationships with the individual.

III. Request of the interested parties

Pursuant to Article 415 of the Turkish Civil Code: “Unless justified reasons prevent it, the person designated by the individual to be placed under guardianship or by their parents shall be appointed as the guardian.” As clearly regulated in the text of the article, a provision has been made for an option to appoint other individuals as guardians if persons known or recognized by the family are not found during the investigation conducted through law enforcement agencies. It is important that the residence of the prospective guardian is close to the residence of the person under guardianship so that they can rush to help if needed and fulfill their needs quickly without losing time. The existence of a debt relationship or the emergence of conflicting issues between the prospective guardian and the person under guardianship can constitute an obstacle to the decision of the Civil Court of Peace judge. Primarily, the guardian's intention to act in a manner that protects the best interests of the person under guardianship is crucial.

The Spouse's Role as Guardian in Case of Divorce

The appointment of a guardian is regulated in detail in the fourth section of the Turkish Civil Code. After the spouse is appointed as a guardian, the issue arises as to the status of the guardianship duty while a divorce case is ongoing between the parties and upon its conclusion. Changes in the socio-economic status and marital status of a person who has been placed under guardianship and appointed a guardian by the decision of the Civil Court of Peace judge also affect the guardianship process. It is necessary to evaluate the status of the spouse appointed as guardian during the continuation of the marriage union following a divorce, and whether a divorced spouse can be appointed as a guardian before the appointment decision. Reasons for declining guardianship and reasons preventing one from being a guardian are regulated in detail in the Turkish Civil Code.

Reasons for declining guardianship

Turkish Civil Code Article 417: The following persons may decline guardianship:

1. Those who have reached the age of sixty,

2. Those who can perform this duty only with difficulty due to physical disabilities or chronic illnesses,

3. Those who have custody of more than four children,

4. Those who already have a guardianship duty,

5. The President, members of the Grand National Assembly of Turkey, Vice Presidents, ministers, and members of the judiciary and prosecution professions. (2)

Reasons preventing one from being a guardian

Turkish Civil Code Article 418: The following persons cannot be guardians:

1. Those who are restricted,

2. Those who are banned from public service or lead an immoral life,

3. Those whose interests conflict significantly with the interests of the person to be assigned a guardian, or those who have an enmity toward them,

Divorce is not listed among the reasons for declining guardianship or the reasons preventing one from being a guardian. Since a conflict of interest will arise after the filing of a divorce case in the event of the breakdown of the marriage, a trustee (kayyım) must first be appointed to represent the person under guardianship in the divorce proceedings. During the continuation of a divorce case, a conflict of interest between the plaintiff and defendant spouses poses an obstacle to the performance of the guardianship duty. The guardianship authority must review the guardianship duty and appoint a new guardian for the restricted person. If there is no conflict of interest with the ex-spouse as a result of the divorce case, it is possible for the Civil Court of Peace judge to decide to reappoint the ex-spouse as the guardian. The judge's decision to reappoint the ex-spouse is within their discretion, and the most important point to consider is a detailed examination of the process and the issue of conflict of interest.

How many people can a person act as a guardian for at most?

There is no detailed regulation in the Turkish Civil Code regarding the maximum number of people a person can act as a guardian for.

V. Reasons for declining guardianship

Turkish Civil Code Article 417: The following persons may decline guardianship:

1. Those who have reached the age of sixty,

2. Those who can perform this duty only with difficulty due to physical disabilities or chronic illnesses, (1)

3. Those who have custody of more than four children,

4. Those who already have a guardianship duty,

5. The President, members of the Grand National Assembly of Turkey, Vice Presidents, ministers, and members of the judiciary and prosecution professions.

In Article 417/3 of the Turkish Civil Code, there is a provision that those who have custody of more than four children and those who already have a guardianship duty may decline guardianship. To prove this, information regarding the custody of more than four children being granted to the person themselves must be presented via civil registry records and court rulings. For example, if the guardian has five children during the continuation of the marriage, this provision does not apply. The provision of this article applies if custody is granted to the person appointed as a guardian by the Civil Court of Peace judge, or if mothers of children born out of wedlock are naturally the guardians.

In the fourth paragraph of Article 417 of the Turkish Civil Code, situations where those who already have a guardianship duty can also decline guardianship are regulated. Since there is no mandatory provision in the text of the article, the fact that a person is performing more than one guardianship duty does not in itself constitute an obstacle to being appointed as a guardian. However, the person appointed as a guardian is granted the right to object. A person appointed as a guardian by the Civil Court of Peace judge has the right to object to the decision within 10 days from the notification of the guardianship decision, within the scope of Article 422 of the Turkish Civil Code. If the objection made by the person appointed as a guardian by the guardianship authority is found to be valid, the request to withdraw from guardianship is accepted, and a new guardian is appointed.

Is a staff member of an institution who is appointed as a guardian obligated to accept this duty?

One of the most important questions we receive from our valued readers is whether an institution staff member appointed as a guardian has an obligation to accept the guardianship duty. The Turkish Civil Code regulates the obligation to accept the guardianship duty if any adult who has the ability and qualifications to perform the duty is appointed as a guardian, provided that there are no obstacles to guardianship as regulated by law.

Turkish Civil Code Article 413: The guardianship authority shall appoint an adult who has the capacity to perform this duty as a guardian. In necessary cases, more than one guardian can be appointed to perform this duty together or separately in accordance with the powers determined by the guardianship authority. Unless they consent, more than one person cannot be assigned to perform guardianship together.

Obligation to accept guardianship;

Turkish Civil Code Article 416: Those who are appointed as guardians from among those residing in the place of residence of the person placed under guardianship are obliged to accept this duty. There is no obligation to accept guardianship if the appointment is made by the family council.

Furthermore, the Turkish Civil Code regulates under the title "obligation to accept guardianship" that a person living in the same place as the person to be placed under guardianship is obligated to accept the guardianship duty. As can be clearly understood from the legal article, the principle of obligation is adopted regarding the acceptance of the guardianship duty in this regard.

Reasons preventing one from being a guardian;

Turkish Civil Code Article 418 - The following persons cannot be guardians:

1. Those who are restricted,

2. Those who are banned from public service or lead an immoral life,

3. Those whose interests conflict significantly with the interests of the person to be assigned a guardian, or those who have an enmity toward them,

4. Judges of the relevant guardianship offices

The Turkish Civil Code lists the reasons preventing one from being a guardian in detail. The court does not automatically investigate whether these reasons exist in the prospective guardian. The existence of reasons that could constitute an obstacle to guardianship as regulated by law must be proven and asserted by relevant persons to the judge of the Civil Court of Peace.

For how long is a guardian appointed/assigned?

The Turkish Civil Code regulates the duration of guardianship in detail. According to this law, a guardian is appointed for a period of 2 years as a rule. The Civil Court of Peace judge can extend the guardianship duty period by two years each time upon request. A guardian who has served for a total of four years consecutively in two terms can use their right to decline guardianship.

Duration of the duty;

Turkish Civil Code Article 456: A guardian is appointed for two years as a rule.

The guardianship authority may extend this period by two years each time.

Upon completion of four years, the guardian may exercise their right to decline guardianship.

Expiration of the period;

Turkish Civil Code Article 480: The guardianship duty ends with the expiration of the period if it is not extended.

Furthermore, the status of the expiration of the guardianship duty is regulated in the Turkish Civil Code. If the guardianship duty is not extended, it ends with the expiration of the period. The guardian's duty ends automatically if the Civil Court of Peace judge does not extend the period when the two-year term expires. The termination of the guardianship duty is noticed if a transaction is to be carried out for the guardian regularly in practice. If the Civil Court of Peace judge decides to extend the guardian's term of duty again, this period will begin to run from the date the guardian's term of duty expired, not from the date the decision was made. During the interim period where there is no officially appointed guardian, the actions taken by the guardian gain meaning, and it is ensured that the restricted person does not remain without a representative during this period.

10. How are meetings between a disabled person under guardianship and their parents, friends, or relatives arranged?

There is no clear regulation in the Turkish Civil Code regarding meetings between a person under guardianship and their friends and relatives. The accepted practice is to ensure that the disabled person under guardianship/custody remains in maximum communication with their parents, relatives, and social circle. In accordance with the Convention on the Rights of Persons with Disabilities (for disabled children who are minors) and the Convention on the Rights of the Child, the best interests of the child must be observed in all actions concerning the child. If it is understood that the child or the disabled person over the age of 18 is exposed to exploitation, violence, or abuse, a criminal complaint should be filed with the Chief Public Prosecutor's Office of the relevant location, and the court should be requested to prevent meetings with these individuals as a precautionary measure during the trial process. The competent/authorized court here is the Civil Court of Peace that decided to place the child/disabled person under custody/guardianship. It may also be requested from the Civil Court of Peace to take necessary measures regarding the regulation of personal relations concerning the person or persons thought to be detrimental in meeting with the child. Since preventing a disabled person from meeting with their family or relatives without a court order would harm the interests of the disabled person, such an practice should not be carried out through individual decisions. This situation can be perceived as an abuse of the guardianship duty.

12. What are the measures to be taken and applications to be made for those responsible in the event of the abuse of a disabled person over 18 years old who leaves an institution with permission under the supervision of a guardian?

If a guardian is appointed for a disabled person by the guardianship authority, all responsibility is transferred to the guardian with the guardianship decision. If a disabled person over 18 is abused while leaving with permission under the supervision of a guardian, it is accepted that the responsibility lies with the guardian. Legal and criminal liability belongs to the guardian, and they become a party to the trial. The first thing to do is to conduct a meticulous investigation to ensure the proof of the abuse the disabled person has suffered. If the person appointed as a guardian has been physically abused, it is mandatory to notify the police to prove the marks of abuse on their body and take them to a doctor for a medical report as a forensic case. If the person appointed as a guardian has been psychologically abused, the process should be reported to the police without delay, and an expert psychologist's opinion should be obtained. All this process must be reported to the relevant Chief Public Prosecutor's Office and the Civil Court of Peace that issued the guardianship decision. Keeping the guardianship authority promptly informed of every action and transaction involving the disabled person under the guardian's responsibility is important for protecting the rights of the disabled person and taking precautions. Furthermore, if any transaction that would create economic difficulty, such as incurring debt by performing a legal transaction, is made, the situation must also be reported to the guardianship authority. If the disabled person exposed to sexual or psychological abuse is under 18, in addition to filing a criminal complaint against the guardian within the framework of the relevant crimes regulated in the Turkish Penal Code, necessary protective and supportive measures must also be taken in accordance with the Child Protection Law No. 5395. Upon application to the Children's Court judge by the interested parties, necessary measures must be taken in accordance with the principle of the best interests of the child.

13. Can the transactions of an elderly person under guardianship who takes out a bank loan, purchases goods in installments, or enters into debt-incurring transactions without their guardian's knowledge be cancelled?

It is a matter of curiosity whether the transactions of a restricted person under guardianship who applies for a loan through a bank, gets a credit card, purchases goods in installments, or engages in debt-incurring transactions without the knowledge or permission of their guardian can affect the restricted person. As is known, a restricted person does not have the capacity to incur debt. For this reason, transactions that involve the restricted person in debt are considered voidable due to relative invalidity within the framework of the Turkish Code of Obligations. An application must be made to the Civil Court of Peace, which is the guardianship authority, to request the cancellation of the debt incurred in contradiction to the interests of the restricted person and for the termination of the transaction in a way that is in their favor.

In practice, it is sometimes a matter of curiosity whether transactions can be cancelled if the restricted person under guardianship enters into debt-incurring transactions, such as taking out a bank loan or purchasing goods in installments, with the knowledge of their guardian. It is not possible to cancel transactions made with the knowledge of the guardian. However, if the transaction in question causes damage to the restricted person, the contract can be cancelled after the damage is covered by the guardian. For example, a transaction where a restricted person has purchased a house for themselves with a bank loan is considered valid.

15. In which cases and by whom can a change of guardian be requested?

In the event that a guardian is appointed to a restricted person by the Civil Court of Peace, which is the Guardianship Authority, the cancellation of this duty and the change of the guardian are regulated separately in the Turkish Civil Code. Namely;

1. Upon request or ex officio

Turkish Civil Code Article 484; The person under guardianship who has the power of discernment or any interested party may request the removal of the guardian from duty. The guardianship authority, upon learning of the existence of a reason requiring removal from duty through other means, is obliged to remove the guardian from duty ex officio.

As clearly regulated in the Turkish Civil Code, the person under guardianship who has the power of discernment or any interested party can request the removal of the guardian from duty. The Civil Court of Peace, as the guardianship authority, is obliged to remove the guardian from duty when it learns of the existence of a reason requiring the guardian's removal, even if there is no written application made to it. The point that should be emphasized here is the expression "any interested party" regulated in the legal article. It is evaluated that interpreting this broadly as any person connected in any way to the person under guardianship would be appropriate for the protection of the interests of the person under guardianship.

16. Is a guardian required to keep records?

The obligation to keep records is regulated under the title of "duties of a guardian" in the Turkish Civil Code. Namely;

I. Record keeping

Turkish Civil Code Article 438; Upon the finalization of the decision to appoint a guardian, a record of the assets to be managed shall be kept without delay by the guardian and a person to be assigned by the guardianship authority. If the person under guardianship has the power of discernment, they shall be present while the record is being kept if possible. If conditions require, the supervisory authority may decide to keep an official record of the assets of the person under guardianship upon the request of the guardian and the guardianship authority. This record shall produce the same results against creditors as the official record in inheritance and shall be kept in accordance with the procedure therein.

As clearly stipulated in the Turkish Civil Code, an inventory of the assets to be managed is drawn up without delay once the decision becomes final. Unless the guardianship authority, the Civil Court of Peace, specifies otherwise, there is also an obligation to keep an inventory of the assets being managed by the guardian. If the person appointed as guardian finds that the ward has no assets to be managed, the guardianship authority may decide that there is no need for the guardian to keep an inventory. In this case, the guardian is not under an obligation to keep an inventory. Upon application by the guardian or the guardianship authority, the supervisory authority, the Civil Court of First Instance, has the authority to decide that official inventories of the ward's assets be kept. The content of these inventories is regulated in detail under the "Regulation on Inventories, Special Registry Files, Minutes, and Other Documents to be Kept Within the Scope of the Implementation of the Custody, Guardianship, and Inheritance Provisions of the Turkish Civil Code."

17. When shall the guardian submit the report and final account regarding their actions?

Third Section

Consequences of the Termination of Guardianship

Final account and delivery of assets

Turkish Civil Code Article 489- A guardian whose duty has terminated is obliged to submit the final report and final account regarding the administration to the guardianship authority; they are also required to have the assets ready for delivery to the ward, their heirs, or the new guardian.

Under the Turkish Civil Code, a guardian whose guardianship duty has ended must prepare a detailed report and account summary regarding the administration of the assets during their term of office. In the event that the guardianship ends due to the expiration of the term or any other reason, the report must be submitted to the guardianship authority with which the administration of the assets is linked within fifteen days from the termination of the duty.

18. What are the procedures to be followed before the transfer of the ward to an institution in another province?

Change of residence

Turkish Civil Code Article 412- The ward may not change their residence without the permission of the guardianship authority. In the event of a change of residence, jurisdiction passes to the new guardianship offices. In such a case, the restriction is announced in the new place of residence.

As regulated in the Turkish Civil Code, there are certain procedures to be followed in the event of a change in the ward's place of residence by the decision of the guardianship authority, the Civil Court of Peace. It is possible to change the place of residence of the ward subject to the written permission of the Civil Court of Peace, which is the guardianship authority. However, the essential point is that the best interests of the ward must have arisen according to the circumstances of the change of residence. If the Civil Court of Peace, as the guardianship authority, has granted permission for the change of the ward's residence, the authority and duty pass to the guardianship authority in the new place of residence. This matter must be duly announced in the new place of residence, and the fact must be notified to the Civil Court of Peace, which is the guardianship authority in the ward's new place of residence.

One of the situations most frequently encountered in practice is the transfer of a person who is benefiting from an institution and has been assigned a guardian from among the institution's staff due to the absence of any relatives, to another institution due to reasons such as age or gender. In such a case, the transfer procedures take place primarily after obtaining permission from the Civil Court of Peace, which is the guardianship authority. It is important that the request for permission from the guardianship authority and the acquisition of the decision be carried out urgently. A request for the appointment of a second guardian may also be made to carry out the procedures at the location where the ward is moving.

19. Can more than one guardian be appointed to serve at the same time?

Turkish Civil Code Article 413; The guardianship authority appoints an adult who is capable of performing this duty as a guardian. In necessary cases, multiple guardians may be appointed to perform this duty together or separately in accordance with the powers determined by the guardianship authority. Multiple persons cannot be assigned to carry out guardianship together unless they consent.

According to the Turkish Civil Code; it is regulated that in necessary cases, multiple guardians can be appointed to perform the duty together or separately according to the powers determined by the guardianship authority, and that multiple persons cannot be assigned to perform guardianship together without their consent. The general rule is that one person is appointed when a guardian is designated by the Civil Court of Peace. However, considering special reasons such as workload or the fact that the ward's assets are located in other places, it is possible to appoint a separate guardian for each task. Multiple persons can also be appointed as guardians for the management of the assets belonging to the ward by the guardianship authority. The important point here is that the guardians to be appointed must have the consent to perform the task together. If both guardians do not consent to managing the task together, they cannot be guardians in this case. When a decision to appoint multiple guardians is made by the guardianship authority, the duties and powers of the guardians must be clearly specified.

20. Change of Guardian in Case of Transfer of the Ward to an Institution in Another Province

If one of the family members or relatives of the ward is the guardian appointed by the Civil Court of Peace (guardianship authority), it must be provable that the guardian can under no circumstances fulfill their duties in this situation and that the rights of the ward will be harmed for a change to be made. In cases where the guardian is an employee of the institution or was appointed solely because they resided in the same place as the ward, the primary criterion for making a change upon the ward's transfer to another city is the best interest of the ward. In cases where the public employee appointed as guardian by the guardianship authority is required to use annual leave for tasks outside the province where the ward works, is away in cases requiring urgent decisions, and cannot leave their workplace due to their duty, it is necessary to make a written application to the guardianship authority for a change of guardian, taking into account that the ward's rights will be harmed.

The guardianship authority does not allow the existing guardian to leave their post until a new guardian is appointed, in order to ensure that the ward's rights do not remain in limbo. Submitting a declaration of resignation from guardianship along with a list of suggestions and persons that would allow the appointment of another person in the province where the ward is transferred as a guardian by the guardianship authority is important for the urgent execution of the procedures.

21. For which decisions is the guardian required to request permission from the guardianship authority?

The circumstances in which a guardian must request permission from the guardianship authority are regulated in detail in the Turkish Civil Code. Specifically;

Turkish Civil Code Article 462- The permission of the guardianship authority is required in the following cases:

1. Buying, selling, mortgaging real estate and establishing other rights in rem over them,

2. Buying, selling, transferring, and mortgaging movables or other rights and assets outside the needs of ordinary management and operation,

3. Construction works exceeding the limits of ordinary management,

4. Lending and borrowing,

5. Entering into a bill of exchange commitment,

6. Entering into product lease contracts for one year or longer and real estate lease contracts for three years or longer,

7. The ward engaging in an art or profession,

8. Filing a lawsuit, settling, arbitration, and composition, provided that the guardian's authority to take temporary measures in urgent cases is reserved,

9. Entering into property regime contracts, partition of inheritance, and transfer of inheritance share contracts,

10. Declaration of insolvency,

11. Taking out life insurance for the ward,

12. Entering into an apprenticeship contract,

13. Placing the ward in an educational, care, or health institution,

14. Changing the ward's place of residence.

As clearly stated in Article 462 of the Turkish Civil Code, it is necessary to apply to the guardianship authority and obtain permission before performing the following acts and transactions:

Buying, selling, mortgaging real estate and establishing other rights in rem over them (All transactions effective in the disposition of any kind of real estate, such as the sale of real estate belonging to the ward, buying new real estate, or establishing usufruct rights for the benefit of 3rd parties, rights of way for fields, etc., correction of property records, etc.),

Buying, selling, transferring, and mortgaging movables or other rights and assets outside the needs of ordinary management and operation,

(While clause a above regulates transactions related to real estate, clause b regulates those related to movables. Here, the legislator has given the guardian initiative by narrowing the scope of transactions requiring permission with the phrase "outside the needs of ordinary management and operation." For instance, permission is not required to sell produce obtained from a field, nor is it required for painting a house, repairing a roof, or servicing a car. However, if the car's four tires are being replaced, permission will be required.),

Construction works exceeding the limits of ordinary management, (For example, construction work such as changing the kitchen, expanding the living room, or adding a room to the attic requires permission.),

Lending and borrowing, (For example, all kinds of borrowing or lending money, giving the ward's car to a relative for travel, or giving gold bracelets to a sister to be worn at a wedding are subject to permission.),

Entering into a bill of exchange commitment, (Indebtedness via checks or promissory notes is also subject to permission.),

Entering into product lease contracts for one year or longer and real estate lease contracts for three years or longer, (The legislator has envisaged the control of lease contracts by a second pair of eyes to see if they are in the ward's interest. Thus, it is intended to prevent the ward's financial interests from being harmed by inefficient and long-term contracts.),

The ward engaging in an art or profession, (The fact that the ward engaging in a profession is subject to permission is regulated in parallel with the reasons for the ward's restriction due to certain financial concerns.),

Filing a lawsuit, settling, arbitration, and composition, provided that the guardian's authority to take temporary measures in urgent cases is reserved; (For example, the guardian is granted the authority to take temporary measures in cases such as the statute of limitations for a lawsuit being imminent, it being clearly evident that not filing a lawsuit/not responding to a lawsuit/not being a complainant will cause the loss of the ward's rights, or the need to evaluate a settlement offer and obtaining an extension of time.),

Entering into property regime contracts, partition of inheritance, and transfer of inheritance share contracts,

(Transactions that may cause a decrease in the ward's assets are subject to permission.),

Declaration of insolvency, (In a declaration of insolvency, the person acknowledges that they have debt in the amount demanded but documents that it cannot be paid under existing conditions. This declaration gives the creditor the right to sue and demand the cancellation of certain sales and donations made by the debtor after the date the debt arose. In other words, the person declaring themselves a creditor is granted the authority to file a lawsuit so that certain transactions made by the ward can be canceled. For example, pledges made by the restricted debtor for the security of a debt within one year before seizure or the commencement of bankruptcy, payments made by means other than money or usual means of payment, payments made for debts not yet due, and all transactions proven to be intended to harm creditors by a restricted debtor whose assets are insufficient to pay their debts. There is no need to serve a new payment order within one year from the date the creditor receives the certificate of insolvency.),

Taking out life insurance for the ward, (This regulation was deemed necessary because it is an indebtedness contract with private insurance companies and because it is thought that allowing 3rd parties to be beneficiaries for the payment of death compensation would not be safe for the life of the ward.),

Entering into an apprenticeship contract,

Placing the ward in an educational, care, or health institution,

Changing the ward's place of residence.

22. For which decisions must the guardian request the permission of the supervisory authority?

The circumstances in which a guardian must request permission from the supervisory authority are regulated in detail in the Turkish Civil Code. Specifically;

Turkish Civil Code Article 463- In the following cases, the permission of the supervisory authority is required after the permission of the guardianship authority:

1. Adoption of the ward or the ward being adopted,

2. The ward acquiring or losing citizenship,

3. Taking over or liquidating a business, entering into a partnership requiring personal liability, or becoming a partner in a company with significant capital,

4. Entering into lifelong pension or income binding contracts or lifetime care contracts,

5. Acceptance or rejection of an inheritance or entering into an inheritance contract,

6. Emancipation of a minor,

7. Entering into a contract between the ward and the guardian.

Cases where the permission of the supervisory authority must be obtained after the permission of the guardianship authority has been obtained are regulated in detail in Article 463 of the Turkish Civil Code. For example;

Adoption of the ward or the ward being adopted,

Applications for the ward to acquire or lose citizenship,

Taking over or liquidating a business, entering into a partnership requiring personal liability, or becoming a partner in a company with significant capital,

Entering into lifelong pension or income binding contracts or lifetime care contracts,

Acceptance or rejection of an inheritance or entering into an inheritance contract,

The emancipation of a minor,

Entering into a contract between the ward and the guardian,

In the situations I have tried to explain in detail above, it is necessary to first obtain permission from the Civil Court of Peace (the guardianship authority) and subsequently obtain the permission of the supervisory authority. The purpose of this entire permission process is that these are transactions involving third parties, creating differences in the economic and social lives of more than one person, and where the cancellation or invalidity is considered to lead to more than one problem and irreparable harm. For this reason, it is considered important for both supervisory authorities to make decisions by considering the interests of the person for whom a guardian is appointed.

23. What are the consequences of transactions performed by the guardian without the permission of the guardianship authority/unauthorized transactions?

The consequences of transactions performed by the guardian without the permission of the guardianship authority are regulated in detail in the Turkish Civil Code. Specifically;

Turkish Civil Code Article 465 - Transactions performed by the guardian without the permission of the authorized guardianship offices when required by law have the same effect as transactions performed by the ward without the guardian's permission.

As can be seen in the article of the law, it is accepted that transactions performed without obtaining permission from the Civil Court of Peace (the authorized guardianship authority) despite the requirement to do so by law produce the same consequences as transactions performed by the ward without anyone's permission. In other words, transactions performed without the permission of the guardianship authority do not create a debt or obligation for the ward. In this case, the party transacting with the ward is bound by this transaction, and if a right or receivable arises for the ward, they are held liable to meet it. If the Civil Court of Peace (the guardianship authority) or the Civil Court of First Instance (the supervisory authority, depending on the situation) decides to approve the unauthorized transaction upon concluding that it is in the ward's favor, it is accepted that the transaction begins to take effect for the ward from the date it was performed.

24. Does the guardian's duty terminate automatically at the end of the period?

The way in which a guardian's duty terminates at the end of the period is regulated in detail in the Turkish Civil Code. Specifically;

Turkish Civil Code Article 480- Guardianship duty, if not extended, terminates with the expiration of the period.

In the relevant article of the Law, if a guardian is appointed for a ward by the guardianship authority, the guardianship duty will automatically terminate with the expiration of the period if the guardianship duty is not extended, according to Article 480 of the Law. However, the Court of Cassation is of the opinion that if no decision is taken by the authorized court regarding the termination of the guardian's duty, the guardian's duty will continue with the tacit acceptance of the guardian and the court at the end of the period. This approach is an appropriate one, as it is consistent with other provisions brought to ensure that the ward is not left without a representative and with the intent of the legislator.

25. Why and when is an official health board report obtained when appointing a guardian?

The hearing of the person concerned and the expert report are regulated in detail under the heading of cases requiring guardianship in the Turkish Civil Code. Specifically;

Turkish Civil Code Article 480- A person cannot be restricted due to wastefulness, alcohol or drug addiction, bad lifestyle, bad management, or at their own request without being heard. Restriction due to mental illness or mental debility is only decided upon an official health board report. (Added sentence: 6/12/2019-7196/52 art.) The provisions of Article 436 are applied when necessary for the preparation of this report. The judge may hear the person whose restriction is requested, taking the board report into consideration, before making a decision.

As regulated in the Turkish Civil Code, restriction due to mental illness or mental debility is only possible upon a report obtained from an official health board. Reports given by authorities other than those authorized to issue an official health board report are not accepted as valid. When a guardianship lawsuit is filed in the Civil Court of Peace for the purpose of restricting a person, a decision cannot be made based on reports obtained in the past or observation during the hearing, as the decision will be made on whether to restrict or reject the restriction request according to the conditions on the date the lawsuit is filed. If the official health board report obtained by official authorities states that providing protection through legal counseling or the appointment of a trustee will be sufficient, it will no longer be possible for the Civil Court of Peace to appoint a guardian, and the path of partial restriction will be followed.

26. Are guardianship appointment decisions announced?

In my section of the newspaper this week, I will try to explain a very important topic to you. As you know, being a guardian carries significant responsibilities. First, I will explain whether a guardian's duty terminates automatically at the end of the period granted by the Civil Court of Peace. Subsequently, I will try to provide information regarding the announcement of guardianship appointment decisions.

The Turkish Civil Code regulates in detail how a guardian's duty ends at the expiration of the term. Specifically;

Turkish Civil Code Article 480- The guardianship duty ends with the expiration of the term, unless it is extended.

In the relevant article of the Turkish Civil Code, in case a guardian is appointed to a restricted person by the guardianship authority, the duty terminates automatically at the expiration of the term if the guardianship duty is not extended. The Court of Cassation is of the opinion that if the competent court does not make a decision regarding the termination of the guardian's duty, the guardian's duty continues with the tacit acceptance of the guardian and the Judge of the Civil Court of Peace at the end of the term. This perspective is accepted as a general rule, as it is consistent with the will of the legislator and other provisions introduced to ensure that the person under guardianship does not remain unrepresented.

27. Is the work of disabled children under guardianship residing in care facilities subject to permission?

In my section of the newspaper this week, I will try to explain a very important topic to you. As you know, being a guardian carries significant responsibilities. I will try to provide information on whether the work of disabled children under guardianship residing in care facilities is subject to permission.

The Turkish Civil Code regulates in detail how a guardian's duty ends at the expiration of the term. Specifically;

Turkish Civil Code Article 480- The guardianship duty ends with the expiration of the term, unless it is extended.

The employment of children who are fit to work within the scope of the provisions of the “Regulation on the Procedures and Principles for the Employment of Child and Young Workers” is subject to the permission of the Judge of the Civil Court of Peace, which is the guardianship authority, according to Article 462 of the Turkish Civil Code.

B. Permission

I. From the guardianship authority

Turkish Civil Code Article 462- The permission of the guardianship authority is required in the following cases:

1. Buying, selling, mortgaging real estate and establishing other rights in rem over them,

2. Buying, selling, transferring and mortgaging movable property or other rights and assets outside the scope of ordinary management and operational needs,

3. Construction works exceeding the limits of ordinary management,

4. Lending and borrowing,

5. Entering into exchange commitments,

6. Making produce rental contracts for one year or longer and real estate rental contracts for three years or longer,

7. Engaging the person under guardianship in an art or profession,

8. Filing a lawsuit, settling, arbitration, and composition, provided that the guardian's authority to take temporary measures in urgent cases is reserved,

9. Making marital property regime contracts, inheritance distribution and inheritance share transfer contracts,

10. Declaration of insolvency,

11. Taking out life insurance for the person under guardianship,

12. Making an apprenticeship contract,

13. Placing the person under guardianship in an educational, care, or health institution,

14. Changing the place of residence of the person under guardianship.

The guardian must comply with the provisions of the Regulation on the Procedures and Principles for the Employment of Child and Young Workers. The daily working hours of child and young workers are applied by taking into account a continuous rest period of fourteen hours within a twenty-four-hour period. For children who continue to go to school, working hours during the education period, outside of school hours, can be at most two hours per day and ten hours per week in accordance with the regulation. During periods when schools are closed, working hours cannot exceed seven hours per day and thirty-five hours per week.

28. Is the work of disabled adults under guardianship residing in care facilities subject to permission?

In my section of the newspaper this week, I will try to explain a very important topic to you. As you know, being a guardian carries significant responsibilities. I will try to provide information on whether the work of disabled adults under guardianship residing in care facilities is subject to permission.

The Turkish Civil Code regulates in detail how a guardian's duty ends at the expiration of the term. Specifically;

Turkish Civil Code Article 480- The guardianship duty ends with the expiration of the term, unless it is extended.

Documents containing the conditions regarding the inclusion of the adult under guardianship in working life (employability report, suitability for the job, suitability of the workplace for the disability of the person under guardianship, determinations and reports stating that the disability and being under guardianship will not pose an obstacle to the job) must be submitted to the Judge of the Civil Court of Peace, which is the guardianship authority, along 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 ensuring their health and peace in working life, and the method of supervision with criteria to be determined in a way that fits the situation in each case, and grants authority and permission to the guardian if it deems it appropriate.

29. What happens to the inheritance of the person under guardianship?

In my section of the newspaper this week, I will try to explain a very important topic to you. As you know, being a guardian carries significant responsibilities. I will try to provide information on how the inheritance of a person under guardianship will be distributed.

The Turkish Civil Code regulates in detail how a guardian's duty ends at the expiration of the term. Specifically;

Turkish Civil Code Article 480- The guardianship duty ends with the expiration of the term, unless it is extended.

In the event of the death of the restricted person who has been placed under guardianship upon the necessity seen by the Judge of the Civil Court of Peace, which is the guardianship authority, how the inheritance will be distributed 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 dies while restricted. With the occurrence of death, the restriction status also ends, and the transfer of the assets belonging to the restricted person is carried out by their legal heirs specified in the certificate of inheritance. The fact that the legal heirs did not support or show interest in the care of the restricted person during their healthy lifetime does not affect their capacity to be an heir.

30. What is an oral will? What should be done when a person staying in an institution makes an oral will?

In my section of the newspaper this week, I will try to explain a very important topic to you. As you know, being a guardian carries significant responsibilities. I will try to provide information on what needs to be done in case a person under guardianship staying in an institution makes an oral will.

The Turkish Civil Code regulates in detail how a guardian's duty ends at the expiration of the term. Specifically;

Turkish Civil Code Article 480- The guardianship duty ends with the expiration of the term, unless it is extended.

According to Article 539 of the Turkish Civil Code;

4. Oral will

a. Expressing final wishes

Turkish Civil Code Article 539- If the testator cannot make an official or handwritten will due to extraordinary circumstances such as imminent danger of death, interruption of transportation, illness, or war, they may resort to an oral will. For this, the testator explains their final wishes to two witnesses and charges them with writing or having written a will in accordance with this statement. With the exception of the requirement to be literate in the preparation of an official will, the prohibitions regarding witnesses also apply to the witnesses in an oral will.

It is regulated.

Since an oral will is an exceptional form of a will, it is valid for a temporary period. If the extraordinary situation changes or disappears, the testator has the opportunity to make a handwritten or official will.

As clearly regulated in the Turkish Civil Code, for an oral will to be valid, there must first be an extraordinary situation, and the will must have been made in the presence of witnesses. The restricted person making the will can only make an oral will in situations such as imminent danger of death, interruption of transportation, illness, or war. The testator restricted person explains their final wish and desire to the witnesses. The witnesses who arranged the final wishes and desires of the restricted person and the other witness must sign the document and apply to the Civil Court of Peace without delay. Applications that are not made immediately cause the oral will to be invalid.

31. Can a person under guardianship write a will?

In my section of the newspaper this week, I will try to explain a very important topic to you. As you know, being a guardian carries significant responsibilities. I will try to provide information on what needs to be done in case a person under guardianship staying in an institution writes a will.

The Turkish Civil Code regulates in detail how a guardian's duty ends at the expiration of the term. Specifically;

Turkish Civil Code Article 480- The guardianship duty ends with the expiration of the term, unless it is extended.

According to Article 539 of the Turkish Civil Code;

4. Oral will

a. Expressing final wishes

It is regulated.

A person under guardianship can certainly write a will if they meet the necessary formal requirements. However, as is known, the fact that the will is made in writing and that the formal requirements are complied with affects the validity of the will. Other issues and their effect on the validity of the will are decided by the Judge of the Civil Court of Peace. The fact that the heirs do not object to the will and the will is enforceable is a sufficient factor for the acceptance of the will.

32. In which cases can the person of the guardian be objected to, and where is the objection made?

In my section of the newspaper this week, I will try to explain a very important topic to you. As you know, being a guardian carries significant responsibilities. I will try to provide information on in which cases an objection can be made to the person of the guardian for a person under guardianship staying in an institution and where this objection is made.

The Turkish Civil Code regulates in detail how a guardian's duty ends at the expiration of the term. Specifically;

Turkish Civil Code Article 480- The guardianship duty ends with the expiration of the term, unless it is extended.

In accordance with Article 422 of the Turkish Civil Code;

IV. Avoidance and objection

1. Procedure

Turkish Civil Code Article 422- The person appointed as guardian may exercise the right to avoid guardianship within ten days starting from the notification of this situation to them. Everyone concerned 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 avoidance or objection to guardianship justified, it appoints a new guardian; if it does not find it justified, it notifies the situation to the supervisory authority together with its opinion on this matter to make the necessary decision.

It is regulated.

In accordance with the relevant articles of the Turkish Civil Code, everyone who is a guardian has the right to claim that the appointment is contrary to the law within ten days from the day they learn of the appointment. Since the decision to appoint a guardian most concerns the person for whom the guardian is appointed, the ward themselves can primarily object to the guardian. Anyone who is remotely or closely related to, or has an interest in, the decision to appoint a guardian may object to it. Since guardianship is a matter concerning public order, the concept of "interested person" is interpreted in the broadest possible sense in legal doctrine and practice. The ward's friend, teacher, lawyer, another candidate for guardianship, or individuals who live with or have a relationship with the person under guardianship in some way may be among the "interested persons." Interested parties may object to the decision by citing circumstances such as a conflict of interest between the ward and the guardian, the guardian leading a disgraceful life, the appointment of the guardian being contrary to the Turkish Civil Code, or the existence of a condition that prevents guardianship. Article 422 of the Turkish Civil Code restricts the grounds for objection to "illegality." The objection, with reasons explained, must be made to the Magistrate's Court, which is the guardianship authority that appointed the guardian.

33. What happens if the person appointed as a guardian or another interested party objects to the guardian?

This week, in the section allocated to me in the newspaper, I will try to explain a very important issue to you. As you know, being a guardian carries significant responsibilities. I will try to provide information on what happens if the person appointed as a guardian or another interested party objects to the guardian.

How a guardian's duty ends at the end of the term is regulated in detail in the Turkish Civil Code. Specifically;

Turkish Civil Code Article 480- The guardianship duty ends with the expiration of the term, unless it is extended.

According to the relevant article of the Turkish Civil Code, if a guardian is appointed to a ward 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 the competent court does not issue a decision regarding the termination of the guardian's duty, the guardian's duty continues with the tacit acceptance of the guardian and the Magistrate's Court judge at the end of the term. This perspective is accepted as a general rule, as it is consistent with other provisions brought to ensure that the person under guardianship is not left without a representative, as well as the will of the legislator.

With the deemed necessity by the Magistrate's Court judge, the question of how the inheritance will be distributed in the event of the death of the ward 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 the 3rd Book of the Civil Code. There is no different practice regarding the distribution of the inheritance of a person who passes away while under guardianship. With the occurrence of death, the state of guardianship also ends, and the transfer of the assets belonging to the ward is carried out by their legal heirs specified in the certificate of inheritance. The fact that the legal heirs did not support or show interest in the care of the ward during the period when the ward was alive and healthy 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- The person appointed as guardian may exercise the right to decline guardianship within ten days starting from the notification of this situation to them. Anyone interested 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 objecting to the guardianship valid, it appoints a new guardian; if it does not find it valid, it notifies the situation to the supervisory authority together with its opinion on this matter in order to give the necessary decision.

is regulated as follows.

In accordance with Article 423 of the Turkish Civil Code;

2. Temporary duty

Turkish Civil Code Article 423- A person appointed as guardian is obliged to perform the duties belonging 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 guardian is obliged to perform guardianship duties until another person is appointed in their place, even if they have declined the guardianship or their appointment has been objected to. According to the Turkish Civil Code, until a new guardian is appointed or the evaluation of the objections of the person appointed as guardian is finished, the person appointed as guardian will perform the guardianship duty to protect the rights of the ward and to prevent the business from being left in limbo. However, if an objection is made and the Magistrate's Court judge has preemptively relieved the guardian of their guardianship duties and appointed another legal representative as a precautionary measure to conduct the proceedings until a new guardian is appointed, the guardian's obligation to carry out the transactions is removed. If the guardian appointed by the Magistrate's Court judge does not fulfill the obligation to continue the duty until a new one is appointed in their place, and the ward suffers damage because of this, they are responsible for the damage they have caused.

34. Is a salary paid to the guardian?

This week, in the section allocated to me in the newspaper, I will try to explain a very important issue to you. As you know, being a guardian carries significant responsibilities. The issue of whether a salary will be paid to the person decided to be a guardian by the guardianship authority arises. I will try to provide information on the salary to be paid to the guardian.

The guardian's salary is regulated in detail in the Turkish Civil Code. Specifically;

Turkish Civil Code Article 457- The guardian may request that a salary be given to them to be covered from the assets of the person under guardianship, and if that is not possible, from the Treasury. The salary to be paid is determined by the guardianship authority for each accounting period by taking into account the labor required by the administration and the income of the managed assets.

As seen in Article 457 of the Turkish Civil Code, the guardian has the right to demand a salary from the Magistrate's Court, which is the guardianship authority. The guardian spares time for the work and transactions arising from being a guardian by sacrificing the time slice they would allocate to themselves, their family, or their own affairs. For this reason, the Turkish Civil Code regulates that a salary should be paid to the guardian in connection with the labor expended and the time allocated by the guardian. According to the relevant articles of the Turkish Civil Code, the guardian can request in writing from the Magistrate's Court judge that a salary be given to them. The Guardianship Authority is bound by the request in the decision to pay a salary to the guardian for the guardianship duty. In other words, as long as the guardian does not request a salary from the Magistrate's Court, the Magistrate's Court judge does not make a decision ex officio (automatically). The Magistrate's Court judge, who is the guardianship authority, determines the amount of the salary and the method of payment. The Turkish Civil Code regulates that the salary to be paid will be determined by taking into account the labor required by the administration and the income of the managed assets. If there are no assets to be managed, the salary will be determined by naturally taking into account the labor to be expended. The salary is determined separately for each accounting period. In practice, the accounting period is one year, but if the guardianship authority has decided that the guardian does not need to keep books, the accounting period is accepted as two years. Depending on the discretion of the court, an advance payment may be awarded by the guardianship authority when the guardian is appointed, taking into account the affairs of the person under guardianship. In the case of appointing more than one guardian to a person, the salary of each is determined separately according to the work they do. Against the decisions of the Magistrate's Court judge, who is the guardianship authority, regarding the determination of the salary, the guardian has the right to object to the supervisory authority within 10 days from the notification of the decision to them. The decisions made by the supervisory authorities are final and there is no right to object.

35. What is the procedure for requesting the expenses incurred by the guardian?

This week, in the section allocated to me in the newspaper, I will try to explain a very important issue to you. As you know, being a guardian carries significant responsibilities. It may be decided that a salary will be paid to the person decided to be a guardian by the guardianship authority upon request. I will try to provide information on the procedure for requesting the expenses incurred by the guardian.

The guardian's salary is regulated in detail in the Turkish Civil Code. Specifically;

The guardian has the right to request all expenses they have incurred regarding the guardianship from the Magistrate's Court judge, who is the guardianship authority. An objection can be made to the supervisory authority against the decision of the Magistrate's Court judge, who is the guardianship authority, regarding the expenses incurred by the guardian. The decision made by the supervisory authority is final and the path of objection is closed. The guardian also has the right to request the expenses incurred for the person under guardianship even after the guardianship relationship has ended. The lawsuit for receivables that the guardian will file for expenses is examined by general courts, and the competent court is determined according to the amount of the receivable within the framework of general provisions.

37. Can a guardian be appointed for minors?

This week, in the section allocated to me in the newspaper, I will try to explain a very important issue to you. As you know, being a guardian carries significant responsibilities. It may be decided that a salary will be paid to the person decided to be a guardian by the guardianship authority upon request. I will try to provide information on whether a guardian can be appointed for minors.

The priority is the protection of the interests of the minor. For this reason, what is really important is that minors are under custody. A guardian must be appointed by the guardianship authority for every minor who is not under custody. However, the most important point to be drawn attention to here is that the appointment of a guardian for a minor by the guardianship authority does not mean that they are restricted. A guardian may be appointed for minors to take effect when they come of age. The main purpose here is not so much the restriction of the child, but the activation of guardianship provisions when they come of age without leaving any gaps and the prevention of possible damages. Restriction only takes effect and produces results after the minor comes of age.

The guardian's salary is regulated in detail in the Turkish Civil Code. Specifically;

Turkish Civil Code Article 419- The guardianship authority is obliged to appoint a guardian without delay. When necessary, it may be decided to restrict those who are not yet of age; however, the restriction decision takes effect after they come of age. Restricted adult children are, as a rule, not placed under guardianship but left under custody.

As seen in Article 419 of the Turkish Civil Code, it is regulated that a restriction decision can be given if there is a legal interest of the minor.

In addition, it may also be decided that a salary will be paid to the guardian by the Magistrate's Court. The guardian spares time for the work and transactions arising from being a guardian by sacrificing the time slice they would allocate to themselves, their family, or their own affairs. For this reason, the Turkish Civil Code regulates that a salary should be paid to the guardian in connection with the labor expended and the time allocated by the guardian. According to the relevant articles of the Turkish Civil Code, the guardian can request in writing from the Magistrate's Court judge that a salary be given to them. The Guardianship Authority is bound by the request in the decision to pay a salary to the guardian for the guardianship duty. In other words, as long as the guardian does not request a salary from the Magistrate's Court, the Magistrate's Court judge does not make a decision ex officio (automatically). The Magistrate's Court judge, who is the guardianship authority, determines the amount of the salary and the method of payment. The Turkish Civil Code regulates that the salary to be paid will be determined by taking into account the labor required by the administration and the income of the managed assets. If there are no assets to be managed, the salary will be determined by naturally taking into account the labor to be expended. The salary is determined separately for each accounting period. In practice, the accounting period is one year, but if the guardianship authority has decided that the guardian does not need to keep books, the accounting period is accepted as two years. Depending on the discretion of the court, an advance payment may be awarded by the guardianship authority when the guardian is appointed, taking into account the affairs of the person under guardianship. In the case of appointing more than one guardian to a person, the salary of each is determined separately according to the work they do. Against the decisions of the Magistrate's Court judge, who is the guardianship authority, regarding the determination of the salary, the guardian has the right to object to the supervisory authority within 10 days from the notification of the decision to them. The decisions made by the supervisory authorities are final and there is no right to object.

38. In which cases can minors be placed under guardianship?

This week, in the section allocated to me in the newspaper, I will try to explain a very important issue to you. As you know, being a guardian carries significant responsibilities. It may be decided that a salary will be paid to the person decided to be a guardian by the guardianship authority upon request. I will try to provide information on in which cases minors can be placed under guardianship.

The guardian's salary is regulated in detail in the Turkish Civil Code. Specifically;

As seen in Article 419 of the Turkish Civil Code, it is regulated that a restriction decision can be given if there is a legal interest of the minor.

Minors who cannot be protected by their mother and/or father, minors whose parents are unknown, minors whose parents have died or for whom a declaration of absence has been issued, and minors whose custodial rights cannot be exercised by the mother and/or father due to reasons such as inexperience, illness, absence in another place, or similar reasons, are placed under guardianship.

The guardian's salary is regulated in detail in the Turkish Civil Code. Specifically;

Turkish Civil Code Article 335- A child who is not of legal age is under the guardianship of their parents. Unless there is a legal reason, guardianship cannot be taken from the mother and father. Unless the judge deems it necessary to appoint a guardian, restricted adults also remain under the guardianship of their parents.

As seen in Article 335 of the Turkish Civil Code, it is decreed that children who are not of legal age shall be under the guardianship of their parents and that guardianship may only be taken from the parents if there is a legal reason. Throughout the duration of the marital union, guardianship is exercised jointly by the parents; in the event of divorce, the judge makes decisions regarding which party will be granted guardianship or whether the parties will continue to exercise guardianship jointly. Since guardianship is a right that can only be exercised by the parents, it is possible for someone other than the parents to exercise the right of guardianship only through a court decision. In accordance with the established jurisprudence of the Court of Cassation, it has been decided that a stepmother also cannot exercise the right of guardianship. If the mother or father cannot exercise the right of guardianship due to reasons such as being in prison, being restricted, or suffering from a severe illness, a legal guardian (vasi) will be appointed for the minor.

a) A minor who cannot be protected by the parent holding the right of guardianship: In the event of the death of the parent who has been granted the guardianship of the minor, guardianship does not automatically pass to the other parent. The Family Court must make a decision on this matter. For a decision to be made on the removal of guardianship, the measures taken regarding the protection of the child must have been ineffective, or it must be understood in advance that they will be ineffective or insufficient.

b) A minor who cannot be placed under guardianship: If the Family Court has decided that guardianship cannot be given to the mother or father or both (if it is understood during the divorce that it would not be appropriate to give guardianship to one of the parties, or if neither party has requested guardianship, or if it has been decreed that guardianship cannot be given to either party due to the invalidity of the marriage), then a legal guardian is appointed for the minor.

c) A minor who has been adopted and is left without guardianship: With the establishment of the adoption relationship, the rights and obligations belonging to the parents pass to the adopter. For this reason, in the event of a judgment of cancellation or invalidity of the adoption process, the death of the adopter, or the removal of the adopter's right of guardianship, a legal guardian will be appointed for the minor who is left without the right of guardianship. In the cases listed above, the Family Court must make a ruling on whether the minor should be placed under the guardianship of their genetic parents, and if they are not to be placed under guardianship, the file must be sent to the guardianship authority for the appointment of a legal guardian. In the event of the death of the adopter, the guardianship of the adoptee does not automatically pass to their genetic parents. In order for a child to be placed under guardianship while their mother or father or one of their parents holds the right of guardianship, a decision regarding the removal of guardianship must first be made. Only after the decision to remove guardianship can a legal guardian be appointed. Since guardianship is a matter that closely concerns public order, the judge is obliged to take the necessary measures upon request or ex officio. Therefore, not only the mother, father, and relatives, but everyone concerned has the right to file an application regarding this matter. When an application is made to the Peace Civil Court judge for the appointment of a legal guardian for the child, the Peace Civil Court should wait for the Family Court's decision on the removal of guardianship; if an application has been made to the Family Court for the removal of guardianship, the court sends the file to the guardianship authority upon the finalization of the decision to remove guardianship. If a legal guardian has been appointed for the child and the mother or father wants guardianship to be granted to them, the file must first be sent to the Family Court for the removal of the legal guardianship and then for the granting of guardianship to the mother/father.

40. What are the grounds for the dismissal of a legal guardian from their duty?

In the section allocated to me in the newspaper this week, I will try to explain a very important issue to you. As you know, being a legal guardian involves significant responsibilities. I will try to provide information regarding the grounds for the dismissal of a legal guardian from their duty.

The grounds for the dismissal of a legal guardian from their duty are regulated in detail in the Turkish Civil Code. Specifically;

Turkish Civil Code Article 483- If a legal guardian severely neglects their duty, abuses their powers, or engages in behavior that undermines trust, or becomes insolvent, they shall be removed from duty by the guardianship authority. If the interests of the person under guardianship are endangered due to the legal guardian's inadequacy in performing their duty, the guardianship authority may remove the guardian even if there is no fault.

As seen in Article 483 of the Turkish Civil Code, the grounds for dismissal from duty are regulated in detail.

If the legal guardian,

a) Severely neglects their duty,

b) Abuses their powers, or

c) Engages in behavior that undermines trust, or

d) Becomes insolvent,

they are removed from office by the Peace Civil Court, which is the guardianship authority. The guardianship authority can only remove the legal guardian after conducting an investigation and hearing them. The legal guardian can also be removed from their duty if it is seen that they pose a risk due to their inadequacy in protecting the interests of the person under guardianship, if deemed necessary. In the event of the occurrence of one of the situations listed above, the judge of the Peace Civil Court, which is the guardianship authority, has the authority to remove the legal guardian from their duty.

41. Which situations mean that the legal guardian has severely neglected their duty?

In the section allocated to me in the newspaper this week, I will try to explain a very important issue to you. As you know, being a legal guardian involves significant responsibilities. I will try to provide information regarding which situations mean that the legal guardian has severely neglected their duty.

The grounds for the dismissal of a legal guardian from their duty are regulated in detail in the Turkish Civil Code. Specifically;

As seen in Article 483 of the Turkish Civil Code, the grounds for dismissal from duty are regulated in detail.

If the legal guardian,

a) Severely neglects their duty,

b) Abuses their powers, or

c) Engages in behavior that undermines trust, or

d) Becomes insolvent,

It is clear that while the legal guardian is performing their duty, the interests of the person under guardianship must be protected primarily. To understand whether the legal guardian is working diligently, evaluation criteria have been introduced by the Court of Cassation.

• Whether they are in 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 fulfill the instructions of the guardianship authorities,

• Whether they ensure that the living standards of the person under guardianship are most suitable for the person's income,

can be shown as examples.

The Turkish Civil Code accepts that the legal guardian has neglected their duty only in case of their fault. If there is no state of severe neglect, the Peace Civil Court, which is the guardianship authority, suffices with warning the legal guardian. If the legal guardian does not fulfill their duty despite the warning, the legal guardian must be removed from their duty. The legal guardian's negligence in having the restricted person or minor undergo health checks or treatment that do not pose a life-threatening risk, not being interested in their school, not providing the necessary cooperation and coordination with their teachers, not performing work and transactions that facilitate the restricted person's personal development and activities permitted by the court, not keeping records despite the court's decision, and keeping the person's money on themselves instead of depositing it in the bank, etc. are accepted as severe neglect of duty. The authority to decide whether the legal guardian has neglected their duty belongs to the guardianship authority. It is possible to appeal this decision to the supervisory authority.

42. Which situations mean that the legal guardian has abused their powers?

In the section allocated to me in the newspaper this week, I will try to explain a very important issue to you. As you know, being a legal guardian involves significant responsibilities. I will try to provide information regarding which situations mean that the legal guardian has abused their powers.

The grounds for the dismissal of a legal guardian from their duty are regulated in detail in the Turkish Civil Code. Specifically;

As seen in Article 483 of the Turkish Civil Code, the grounds for dismissal from duty are regulated in detail.

If the legal guardian,

a) Severely neglects their duty,

b) Abuses their powers, or

c) Engages in behavior that undermines trust, or

d) Becomes insolvent,

• Whether they are in 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 fulfill the instructions of the guardianship authorities,

• Whether they ensure that the living standards of the person under guardianship are most suitable for the person's income,

can be shown as examples.

The abuse of power by the legal guardian can be in the form of performing a work or transaction to the detriment of the person under guardianship, or it can be in the form of not performing a work or transaction for the benefit of the person under guardianship. Situations where the legal guardian abuses their powers include; the legal guardian using the money of the person under guardianship for themselves, depositing it into their own account, performing transactions subject to the permission of the guardianship authorities without obtaining permission, making excessive and unnecessary donations, and performing a legal transaction knowing that they do not have the authority. For an abuse of power to be mentioned, the behavior of the legal guardian must be intentional. The legal guardian's performance of a transaction for which they do not have authority is also considered within the scope of abuse of power.

43. Which situations mean that the legal guardian has engaged in behavior that undermines trust?

In the section allocated to me in the newspaper this week, I will try to explain a very important issue to you. As you know, being a legal guardian involves significant responsibilities. I will try to provide information regarding which situations mean that the legal guardian has engaged in behavior that undermines trust.

The grounds for the dismissal of a legal guardian from their duty are regulated in detail in the Turkish Civil Code. Specifically;

As seen in Article 483 of the Turkish Civil Code, the grounds for dismissal from duty are regulated in detail.

If the legal guardian,

a) Severely neglects their duty,

b) Abuses their powers, or

c) Engages in behavior that undermines trust, or

d) Becomes insolvent,

• Whether they are in 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 fulfill the instructions of the guardianship authorities,

• Whether they ensure that the living standards of the person under guardianship are most suitable for the person's income,

can be shown as examples.

Situations where the legal guardian cannot protect the rights and interests of the person under guardianship, does not correctly monitor their health and safety, causes them to be unhappy and unhealthy, or creates risk, etc., are referred to as the legal guardian engaging in behavior that undermines trust. The legal guardian's mismanagement of the weaknesses and/or frailties of the person under guardianship is also accepted as one of these reasons.

In a decision rendered by the Court of Cassation; the legal guardian's constant taking of a diabetic person, who is under guardianship and loves ice cream very much, to the ice cream parlor.

The legal guardian engaging in conversations and behaviors that cause the person under guardianship to feel restless and insecure, for example, constantly and intimately meeting with a person whom the person under guardianship harbors hostility towards, doing this in a way that disrupts the peace and tranquility of the person under guardianship, and using the items they bought for the person under guardianship for themselves, etc., are behaviors that, although they do not appear to be abuse when taken alone and would not constitute a problem if the person were not restricted, are accepted as grounds for the dismissal of the legal guardian when done intentionally.

45. What is the procedure for the dismissal of a legal guardian?

The guardianship authority has the authority to remove the legal guardian from duty if it sees that they endanger the interests of the person under guardianship, even if the legal guardian has no fault or intent. It is possible to remove the legal guardian from duty due to familial, physical, social, and political reasons/inadequacies.

The grounds for the dismissal of a legal guardian from their duty are regulated in detail in the Turkish Civil Code. Specifically;

As can be seen in Article 483 of the Turkish Civil Code, the grounds for removal from office are regulated in detail.

A guardian,

a) Neglects their duties severely,

b) Abuses their authority or

c) Engages in behavior that undermines trust or

d) Becomes insolvent,

is removed from office by the Civil Court of Peace, which is the guardianship authority. The guardianship authority may remove the guardian from office only after conducting an investigation and hearing them. The guardian may also be removed from office if deemed necessary in the event that they are seen to create a risk due to their insufficiency in protecting the interests of the person under guardianship. In the event that one of the aforementioned situations occurs, the judge of the Civil Court of Peace, which is the guardianship authority, has the power to remove the guardian from office.

The procedure for the removal of a guardian from office is regulated in detail in the Turkish Civil Code. Specifically;

Turkish Civil Code Article 484 - The person under guardianship who has the power of discernment or any interested party may request the removal of the guardian. The guardianship authority, having learned of the existence of a reason requiring removal through other means, is obliged to remove the guardian ex officio.

The court authorized to remove the guardian is the court that appointed the guardian, which is the guardianship authority. The competent court is the court of the place of residence of the person for whom a guardian has been appointed. In the event that the place of residence of the person under guardianship is changed without obtaining permission from the court, the competent court remains the court of the previous place of residence. However, if the competent guardianship authority subsequently approves the change of residence, that is, if it approves the de facto situation, its authority will terminate on the date of approval; therefore, the competent court that will handle requests for the removal of the guardian becomes the guardianship authority of the place of actual residence that subsequently became competent. The request for the removal of the guardian is decided by the court as a result of a hearing. According to Article 485 of the Turkish Civil Code, the guardianship authority can only remove the guardian after hearing them. The court must collect evidence and hear the guardian. The court is not bound by the reasons put forward. If, during the examination, it sees the existence of another problem that has not been notified to it and that would cause the removal of the guardian, it has the authority to decide on the removal of the guardian.

46. Where is an objection to the appointment of a guardian filed?

This week, in the section reserved for me in the newspaper, I will try to explain a very important issue to you. As you know, being a guardian involves significant responsibilities. I will try to provide information on the procedure for objecting to the appointment of a guardian.

The guardianship authority has the power to remove a guardian from office if it sees that they jeopardize the interests of the person under guardianship, even if the guardian has no fault or intent. It is possible for a guardian to be removed from office due to familial, physical, social, and political reasons/insufficiencies.

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 severely 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 insufficiency in performing their duties, the guardianship authority may remove the guardian even if there is no fault.

As can be seen in Article 483 of the Turkish Civil Code, the grounds for removal from office are regulated in detail.

A guardian,

a) Neglects their duties severely,

b) Abuses their authority or

c) Engages in behavior that undermines trust or

d) Becomes insolvent,

The procedure for the removal of a guardian from office is regulated in detail in the Turkish Civil Code. Specifically;

An objection to the appointment of a guardian can be made to the guardianship authority in writing or orally; although the Turkish Civil Code requires oral objections to be recorded by the guardianship authority, making objections in writing and documenting them is accepted for reasons of procedural economy and ease of application. The objector must attach the documents supporting their objection and the legal evidence for their objection to the petition of objection. For example, if they claim to have custody of more than one minor, they must present to the court during the objection the document that forms the basis of their claim, such as a sample of population registration, a health report if they claim they cannot be a guardian due to health reasons, or a court decision if they cannot act based on a decision on restriction or a decision given by the court. If an objection is being made to the appointment of a guardian by an interested party, the document supporting the objection must be attached to the objection petition in the same way. However, in some cases, the claim can only be proven by witness testimony. In this case, the names, surnames, and addresses of the persons to be heard as witnesses should be specified, and if there is a document or information believed to exist in any institution or organization, the name and address of that institution or organization should be reported.

47. What should a guardian do if a situation that prevents guardianship arises after the appointment?

This week, in the section reserved for me in the newspaper, I will try to explain a very important issue to you. As you know, being a guardian involves significant responsibilities. I will try to provide information on what needs to be done if a situation that prevents guardianship arises after the appointment of the guardian.

The grounds for the removal of a guardian from office are regulated in detail in the Turkish Civil Code. Specifically;

As can be seen in Article 483 of the Turkish Civil Code, the grounds for removal from office are regulated in detail.

A guardian,

a) Neglects their duties severely,

b) Abuses their authority or

c) Engages in behavior that undermines trust or

d) Becomes insolvent,

The procedure for the removal of a guardian from office is regulated in detail in the Turkish Civil Code. Specifically;

The emergence of a disability or reason for avoidance is regulated in detail in the Turkish Civil Code. Specifically;

Turkish Civil Code Article 481 - A guardian must resign from their duty if a reason that prevents guardianship arises. A guardian may request to be removed from office before the expiration of the period if a reason for avoidance arises; however, they must continue their duty in the presence of important reasons.

If a reason that prevents guardianship arises after the appointment of the guardian, the guardian must resign from their guardianship duty. If a reason for avoidance arises, the guardian may request to be removed from their guardianship duty from the Civil Court of Peace, which is the guardianship authority, before the expiration of the period; however, they must continue their duty if there are important reasons to protect the interests of the restricted person.

48. How are the needs of a restricted person determined?

This week, in the section reserved for me in the newspaper, I will try to explain a very important issue to you. As you know, being a guardian involves significant responsibilities. I will try to provide information on what needs to be considered in determining the needs of a restricted person.

The grounds for the removal of a guardian from office are regulated in detail in the Turkish Civil Code. Specifically;

As can be seen in Article 483 of the Turkish Civil Code, the grounds for removal from office are regulated in detail.

A guardian,

a) Neglects their duties severely,

b) Abuses their authority or

c) Engages in behavior that undermines trust or

d) Becomes insolvent,

The procedure for the removal of a guardian from office is regulated in detail in the Turkish Civil Code. Specifically;

The emergence of a disability or reason for avoidance is regulated in detail in the Turkish Civil Code. Specifically;

Although health needs and physical requirements are a priority, the restricted person's social and cultural needs, as well as their professional and intellectual development, should also be taken into consideration when determining [their needs]; in other words, the expenses they will make for the restricted person's needs and the money to be allocated should be determined. The most important issue is not to save the money of the person under guardianship in a bank account, but to ensure that they maintain their daily life habits in proportion to their income.

50. Can a maintenance lawsuit be filed against a relative who is obligated to care for an elderly person under guardianship?

This week, in the section reserved for me in the newspaper, I will try to explain a very important issue to you. As you know, being a guardian involves significant responsibilities. I will try to provide information on whether a maintenance lawsuit can be filed against a relative who is obligated to care for an elderly person under guardianship.

The right to sue is regulated in detail in the Turkish Civil Code. Specifically;

Turkish Civil Code Article 365 - A maintenance lawsuit is filed by taking into account the order of inheritance. The lawsuit consists of a request for assistance necessary for the plaintiff's livelihood and appropriate to the financial strength of the other party. If requesting maintenance from one or more of the obligated parties is contrary to equity, the judge may reduce or terminate their maintenance obligation. The lawsuit can also be filed by official institutions or public benefit institutions that are caring for the maintenance creditor. Upon request, the judge may decide on the amount of maintenance to be paid in the form of an annuity in future years according to the social and economic conditions of the parties. The competent court is the court of the place of residence of one of the parties.

As can be seen in Article 365 of the Turkish Civil Code, the right to sue is regulated in detail.

A maintenance lawsuit can be filed by official institutions or other public benefit institutions that are caring for the maintenance creditor. The competent court is the court of the place of residence of one of the parties. With Article 366 of the Turkish Civil Code, titled "Persons in need of protection," it is regulated that the care of persons in need of protection will be provided by the institutions obligated to do so, and it is hüküm altına alınmıştır (enacted) that these institutions can demand the expenses they have incurred from the relatives who are obligated to pay maintenance. In terms of the Turkish Civil Code, there is no obstacle to demanding maintenance from relatives who are obligated to pay maintenance for the elderly staying in institutions. Among the admission conditions for nursing homes and elderly care and rehabilitation centers affiliated with ministries, there is also the requirement that it be determined by a social review report that the elderly person is in a state of social and/or economic deprivation. The awarding of maintenance from a relative who is obligated to care for the elderly person would cause the elderly person to lose the "economic deprivation" condition of the aforementioned conditions, and it does not seem useful due to the fact that institutional care services are covered in accordance with the principle of the social state. However, if the existing conditions prevent the person under guardianship from meeting a very basic social and developmental need – in other words, an activity, hobby, etc. that they are accustomed to, that is useful to them, and that they would continue to do if they were not under guardianship – it may be correct to request maintenance.

51. What are the tasks and procedures that the guardian must perform in the event of the death of the restricted person?

This week, in the section reserved for me in the newspaper, I will try to explain a very important issue to you. As you know, being a guardian involves significant responsibilities. I will try to provide information on the tasks and procedures that the guardian must perform in the event of the death of the restricted person.

The final account and the delivery of assets are regulated in detail under the heading of the consequences of the termination of guardianship in the Turkish Civil Code. Specifically;

Turkish Civil Code Article 489- A guardian whose duty has ended is obliged to submit the final report regarding the administration and the final account to the guardianship authority; and must keep the assets ready for delivery to the person under guardianship, their heirs, or the new guardian.

As seen in Article 489 of the Turkish Civil Code, the actions a guardian must take regarding accounts and assets upon the termination of the guardianship duty are regulated in detail.

In the event of the death of the person under guardianship, the guardianship ends automatically. In accordance with Article 489 of the Turkish Civil Code, a guardian whose duty has ended has the obligation to submit the report for the last unreported period and the account to the Civil Court of Peace, which is the guardianship authority. Under the Turkish Civil Code, the guardian must keep the assets ready for delivery. The guardian must fulfill all their obligations within 15 days following the death of the person under guardianship. The final report prepared by the guardian should include: if any, an inventory of assets at the time of death (real estate, movable property such as rings, necklaces, and all personal belongings) and bank account information, if any. Increases and decreases in assets, expenses incurred for the person under guardianship, and revenues obtained should be shown separately, and if available, relevant documents should be attached to the report and submitted in writing to the guardianship authority. The judge of the Civil Court of Peace, acting as the guardianship authority, examines interim reports within one month from the date of submission, and reports submitted in the event of death within 15 days.

52. What are the consequences of the acceptance of reports and accounts?

In the section of the newspaper allocated to me this week, I will try to explain a very important topic to you. As you know, being a guardian carries significant responsibilities. I will try to provide information regarding the consequences of the acceptance and rejection of the guardian's reports and accounts in the event of the death of the person under guardianship.

The final account and the delivery of assets are regulated in detail under the title of consequences of the termination of guardianship in the Turkish Civil Code. Specifically;

As seen in Article 489 of the Turkish Civil Code, the actions a guardian must take regarding accounts and assets upon the termination of the guardianship duty are regulated in detail.

In practice, it is observed that the judge of the Civil Court of Peace, acting as the guardianship authority, approves the report prepared by the guardian if they conclude that all the care expected from good management has been exercised during the examination. In practice, the compliance audit of the report prepared by the guardian is carried out by an expert appointed by the court. If any deficiency or non-compliance is detected according to the expert report, the matter is evaluated by the court and a conclusion is reached after the guardian's statements regarding this report. After the acceptance of the expert report, the assets of the person under guardianship are delivered to their heirs.

In the event that the guardianship duty ends with the death of the person under guardianship, if the reports and accounts that must be submitted by the guardian are not submitted at all within the time limit, or if they are submitted incompletely and are not completed despite the time given, or if it is decided that the guardian's liability has arisen according to the submitted report and final account, the Civil Court of Peace, acting as the guardianship authority, decides to reject the final report and account. If the person under guardianship has no assets and nothing to report, this must also be submitted in writing to the guardianship authority in the form of a report.

53. What are the consequences of the rejection of reports and accounts?

The final account and the delivery of assets are regulated in detail under the title of consequences of the termination of guardianship in the Turkish Civil Code. Specifically;

As seen in Article 489 of the Turkish Civil Code, the actions a guardian must take regarding accounts and assets upon the termination of the guardianship duty are regulated in detail.

54. Can elderly people bequeath specific property to the institution where they are cared for through a lifetime maintenance contract?

In the section of the newspaper allocated to me this week, I will try to explain a very important topic to you. As you know, being a guardian carries significant responsibilities. I will try to provide information regarding whether an elderly person under guardianship can bequeath specific property to the institution where they are cared for by making a lifetime maintenance contract.

The final account and the delivery of assets are regulated in detail under the title of consequences of the termination of guardianship in the Turkish Civil Code. Specifically;

As seen in Article 489 of the Turkish Civil Code, the actions a guardian must take regarding accounts and assets upon the termination of the guardianship duty are regulated in detail.

The definition of a lifetime maintenance contract is regulated in detail in Article 611 of the Turkish Code of Obligations No. 6098. Specifically;

Turkish Code of Obligations Article 611- A lifetime maintenance contract is a contract in which the maintenance debtor undertakes to care for and look after the maintenance creditor until death, and the maintenance creditor undertakes to transfer an asset or some assets to the debtor. If the maintenance debtor has been appointed as an heir by the maintenance creditor, the provisions regarding inheritance contracts apply to the lifetime maintenance contract.

The procedures to be applied in case of non-transferability, bankruptcy, and foreclosure of a lifetime maintenance contract are regulated in detail in the Turkish Code of Obligations No. 6098. Specifically;

Turkish Code of Obligations Article 619- The maintenance creditor cannot transfer their right to anyone else. In the event of the bankruptcy of the maintenance debtor, the maintenance creditor gains the right to register a claim in the bankruptcy estate for an amount of money equal to the principal value that must be paid by the relevant social security institution to obtain the periodic income that the debtor is obliged to pay. The maintenance creditor may participate in the foreclosure being carried out against the debtor by third parties to cover this claim.

A lifetime maintenance contract is defined as a contract in which the maintenance debtor undertakes to care for and look after the maintenance creditor until death, and the maintenance creditor undertakes to transfer an asset or some assets to the debtor. A lifetime maintenance contract is not considered valid unless it is made in the form of an inheritance contract, that is, as an official deed through a notary, or before a civil judge of peace, a land registry officer, or an authorized official.

The form of a lifetime maintenance contract is regulated in detail in Article 612 of the Turkish Code of Obligations No. 6098. Specifically;

Turkish Code of Obligations Article 612- A lifetime maintenance contract is not valid unless it is made in the form of an inheritance contract, even if it does not contain the appointment of an heir. If the contract is made by a maintenance institution recognized by the State in compliance with the conditions determined by the authorized authorities, written form is sufficient for its validity. It is regulated as such.

As can be seen, certain formal requirements have been introduced for the conclusion of a lifetime maintenance contract. If attention is paid to compliance with these conditions, there is no legal obstacle to entering into a lifetime maintenance contract.

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List of Frequently Asked Questions Regarding Guardianship Procedures and the Process of Guardianship

WHAT IS GUARDIANSHIP?

WHAT ARE THE GUARDIANSHIP AUTHORITY AND THE SUPERVISORY AUTHORITY?

WHO IS A GUARDIAN?

WHO IS GIVEN PRIORITY WHEN APPOINTING A GUARDIAN?

The Spouse's Role as Guardian in Case of Divorce

Reasons for declining guardianship

Reasons preventing one from being a guardian

How many people can a person act as a guardian for at most?

Is a staff member of an institution who is appointed as a guardian obligated to accept this duty?

For how long is a guardian appointed/assigned?

10. How are meetings between a disabled person under guardianship and their parents, friends, or relatives arranged?

12. What are the measures to be taken and applications to be made for those responsible in the event of the abuse of a disabled person over 18 years old who leaves an institution with permission under the supervision of a guardian?

13. Can the transactions of an elderly person under guardianship who takes out a bank loan, purchases goods in installments, or enters into debt-incurring transactions without their guardian's knowledge be cancelled?

15. In which cases and by whom can a change of guardian be requested?

16. Is a guardian required to keep records?

17. When shall the guardian submit the report and final account regarding their actions?

18. What are the procedures to be followed before the transfer of the ward to an institution in another province?

19. Can more than one guardian be appointed to serve at the same time?

20. Change of Guardian in Case of Transfer of the Ward to an Institution in Another Province

21. For which decisions is the guardian required to request permission from the guardianship authority?

23. What are the consequences of transactions performed by the guardian without the permission of the guardianship authority/unauthorized transactions?

24. Does the guardian's duty terminate automatically at the end of the period?

25. Why and when is an official health board report obtained when appointing a guardian?

26. Are guardianship appointment decisions announced?

27. Is the work of disabled children under guardianship residing in care facilities subject to permission?

28. Is the work of disabled adults under guardianship residing in care facilities subject to permission?

29. What happens to the inheritance of the person under guardianship?

30. What is an oral will? What should be done when a person staying in an institution makes an oral will?

31. Can a person under guardianship write a will?

32. In which cases can the person of the guardian be objected to, and where is the objection made?

33. What happens if the person appointed as a guardian or another interested party objects to the guardian?

34. Is a salary paid to the guardian?

35. What is the procedure for requesting the expenses incurred by the guardian?

37. Can a guardian be appointed for minors?

38. In which cases can minors be placed under guardianship?

40. What are the grounds for the dismissal of a legal guardian from their duty?

41. Which situations mean that the legal guardian has severely neglected their duty?

42. Which situations mean that the legal guardian has abused their powers?

43. Which situations mean that the legal guardian has engaged in behavior that undermines trust?

45. What is the procedure for the dismissal of a legal guardian?

46. Where is an objection to the appointment of a guardian filed?

47. What should a guardian do if a situation that prevents guardianship arises after the appointment?

48. How are the needs of a restricted person determined?

50. Can a maintenance lawsuit be filed against a relative who is obligated to care for an elderly person under guardianship?

51. What are the tasks and procedures that the guardian must perform in the event of the death of the restricted person?

52. What are the consequences of the acceptance of reports and accounts?

53. What are the consequences of the rejection of reports and accounts?

54. Can elderly people bequeath specific property to the institution where they are cared for through a lifetime maintenance contract?