Frequently Asked Questions About Guardianship Procedures and the Guardianship Process

Frequently Asked Questions About Guardianship Procedures and the Process of Being a Guardian

WHAT IS GUARDIANSHIP?

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

Being under 18 years of age and not under parental care,

Mental illness or mental disability,

Prodigality, addiction to alcohol or drugs, a debauched lifestyle, or mismanagement of assets,

Being sentenced to imprisonment for one year or more,

Old age, disability, inexperience, or severe illness (upon 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, and 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 timeframe, who is obligated—within the limits set by the Turkish Civil Code and in accordance with the instructions of the guardianship authority—to protect all interests related to the personality and assets of the minor or restricted person under guardianship and to represent them in legal transactions.

WHO IS PREFERRED 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 primarily appoint the spouse or one of the close relatives of the person to be placed under guardianship, provided they meet the requirements for guardianship. In this appointment, the proximity of their places of residence and personal relationships are taken into consideration.”

The judge of the Civil Court of Peace, which is the guardianship authority, can appoint the spouse or one of the close relatives of the person to be placed under guardianship to the position of guardian, provided there are no justified reasons to the contrary and they meet the requirements for guardianship. When making a decision regarding the guardianship duty, the judge of the Civil Court of Peace also takes into account the proximity of the potential guardians' places of residence and their personal relationships.

III. Request of 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, is appointed as the guardian.” As clearly stipulated in the text of the article, a provision has been made regarding the option of appointing persons known to or recognized by the family, and if no one can be found through investigations conducted by law enforcement in this manner, other individuals may be appointed. The proximity of the potential guardian's residence to that of the person to be placed under guardianship is important for providing immediate assistance and addressing needs quickly without delay. The existence of a debt relationship or potential conflict between the potential guardian and the person to be placed under guardianship may constitute an obstacle for the judge of the Civil Court of Peace in their decision. Primarily, the existence of the guardian's intent to act in a manner that protects the best interests of the person under guardianship is essential.

Spousal Guardianship in Case of Divorce

The appointment of a guardian is regulated in detail in the fourth section of the Turkish Civil Code. After a spouse is appointed as a guardian, issues arise regarding the status of the guardianship duty if a divorce case is ongoing or concluded between the parties. Changes in the socio-economic status and marital status of the person placed under guardianship by the decision of the Civil Court of Peace judge also affect the guardianship process. An assessment must be made regarding the status of the spouse appointed as guardian during the continuation of the marriage union after a divorce, and whether a divorced spouse can be appointed as a guardian before the appointment decision. The grounds for avoiding guardianship and the grounds that prevent one from being a guardian are regulated in detail in the Turkish Civil Code.

Grounds for avoiding guardianship

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

1. Those who have reached the age of sixty,

2. Those who would find it difficult to perform this duty due to physical disabilities or chronic illness,

3. Those who are parents/guardians to more than four children,

4. Those who already hold a guardianship position,

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

Grounds preventing guardianship

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

1. Restricted persons,

2. Those banned from public service or those leading an undignified life,

3. Those whose interests conflict significantly with the interests of the person to be placed under guardianship, or those who have animosity toward them.

Divorce is not listed among the grounds for avoiding guardianship or the grounds that prevent it. In the event of the breakdown of the marriage union, since a conflict of interest will arise following the filing of a divorce case, a trustee (kayyım) must first be appointed to represent the person under guardianship in the divorce case. A conflict of interest between the plaintiff and defendant spouses constitutes an obstacle to the performance of guardianship duties during the ongoing divorce case. The guardianship authority must review the guardianship duty and appoint a new guardian for the restricted person. If, at the conclusion of the divorce case, there is no conflict of interest with the ex-spouse, it is possible for the Civil Court of Peace judge to decide to reappoint the ex-spouse as guardian. The judge’s decision to reappoint the ex-spouse is within their discretionary power, and the most important points to consider are a detailed examination of the process and the issue of conflict of interest.

What is the maximum number of people one person can act as a guardian for?

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

V. Grounds for avoiding guardianship

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

1. Those who have reached the age of sixty,

2. Those who would find it difficult to perform this duty due to physical disabilities or chronic illness,

3. Those who are parents/guardians to more than four children,

4. Those who already hold a guardianship position,

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

Article 417/3 of the Turkish Civil Code contains a provision that those who are parents to more than four children and those already holding a guardianship position may decline guardianship. To prove this, information including population records and court rulings confirming that custody of more than four children has been granted to the person must be presented. For example, if a guardian has five children during the continuation of a marriage union, this provision does not apply. This article applies if custody is granted to the person appointed as guardian by the judge of the Civil Court of Peace, or if the mother is naturally the guardian of children born out of wedlock.

The fourth paragraph of Article 417 of the Turkish Civil Code regulates the situations in which those holding a guardianship position may decline guardianship. As there is no mandatory provision in the text of the article, holding more than one guardianship position does not, by itself, prevent one from being appointed as a guardian. However, the person appointed as 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, pursuant to Article 422 of the Turkish Civil Code. If the objection made by the person appointed as guardian by the guardianship authority is found valid, the request to resign from guardianship is accepted, and a new guardian is appointed.

Is an institution employee appointed as a guardian required to accept this duty?

One of the most important questions we receive from our valued readers is whether an institution employee appointed as a guardian has an obligation to accept the guardianship duty. The Turkish Civil Code stipulates that every adult with the ability and qualifications to perform the duty of a guardian is required to accept the duty if they are appointed, provided there are no legal obstacles to guardianship.

Turkish Civil Code Article 413: The guardianship authority appoints an adult capable of performing this duty as a guardian. In necessary cases, multiple guardians can be appointed to perform this duty together or separately, in accordance with the powers determined by the guardianship authority. Unless they consent, multiple people cannot be tasked with exercising guardianship together.

Obligation to accept guardianship;

Turkish Civil Code Article 416: Those appointed as guardians who reside 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 appointed by the family council.

Furthermore, the Turkish Civil Code regulates under the heading "Obligation to accept guardianship" that a person residing in the same place as the person to be placed under guardianship is obliged to accept the guardianship duty. As clearly understood from the article, the principle of obligation is adopted regarding the acceptance of the guardianship duty.

Grounds preventing guardianship;

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

1. Restricted persons,

2. Those banned from public service or those leading an undignified life,

3. Those whose interests conflict significantly with the interests of the person to be placed under guardianship, or those who have animosity toward them,

4. Judges of the relevant guardianship courts.

The Turkish Civil Code lists the grounds preventing guardianship in detail in numbered points. The court does not investigate on its own whether the potential guardian possesses these grounds. It is required for the relevant parties to prove and present the existence of grounds that may constitute an obstacle to guardianship in the potential guardian to the judge of the Civil Court of Peace.

How long is a guardian appointed for/assigned for?

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

Duration of the duty;

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

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

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

Expiration of the period;

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

Furthermore, the status of the expiration of the period in guardianship duty is regulated in the Turkish Civil Code. If the guardianship duty is not extended, it ends with the expiration of the period. When the two-year duty period expires, if the term is not extended by the judge of the Civil Court of Peace, the guardianship duty ends automatically. The expiration of the guardianship duty is usually noticed when a transaction needs to be made for the guardian in practice. If the judge of the Civil Court of Peace decides to extend the guardian's term of office again, this period will not start from the date the decision is made, but from the date the guardian's previous term ended. In the interim period where there is no officially appointed guardian, not only do the actions taken by the guardian gain meaning, but it is also ensured that the restricted person does not remain without a representative during this time.

10. How is a disabled person under guardianship's contact with parents, friends, or relatives arranged?

There is no specific regulation in the Turkish Civil Code regarding meetings of a person under guardianship with their friends and relatives. In accepted practice, it is necessary to ensure that the disabled person under guardianship maintains maximum levels of communication with their parents, relatives, and social circle. In accordance with the Convention on the Rights of Persons with Disabilities (for disabled minors) and the Convention on the Rights of the Child, the best interests of the child must be considered in all actions concerning the child. If it is understood that the child or the disabled person who has turned 18 is exposed to exploitation, violence, or abuse, a criminal complaint should be filed with the Chief Public Prosecutor's Office where they are located, and it should be requested from the court to prevent them from meeting with these individuals as a precautionary measure during the trial process. The court with jurisdiction/authority here is the Civil Court of Peace that decided to place the child/disabled person under guardianship. It can also be requested from the Civil Court of Peace to take necessary measures regarding the arrangement of personal relations concerning the person or persons deemed harmful for the child to meet with. Since preventing the 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 may be perceived as a misuse of guardianship duties.

12. What are the measures that can be taken and the applications to be made for those responsible in case of abuse of a disabled person over 18 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 an institution with permission under the supervision of a guardian, it is accepted that the responsibility lies with the guardian. Legal and criminal responsibility belongs to the guardian, and they become a party to the proceedings. The first step to be taken is to conduct a meticulous investigation to ensure proof of the abuse suffered by the disabled person. If the person appointed as guardian was physically abused, the situation must be reported to the police to prove the signs of abuse on the body, and they must be taken to a doctor for a medical report as a forensic case. If the person under guardianship was psychologically abused, the process should be reported to the police without delay, and an expert psychologist's opinion should be obtained. This entire 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 or incident that happens to the disabled person under the guardian's responsibility is important for protecting the rights of the disabled person and taking precautions. Furthermore, if a transaction is made that would create financial difficulty, such as entering into debt through a legal transaction, the situation must again be reported to the guardianship authority. If the disabled person subjected to sexual or psychological abuse is under the age of 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 by the relevant parties to the Juvenile Court judge, necessary measures must be taken in accordance with the principle of the child's best interests.

13. Can transactions such as taking out a bank loan, purchasing goods on installments, or entering into debt-inducing transactions by an elderly person under guardianship without the knowledge of their guardian be canceled?

It is a matter of curiosity whether transactions such as applying for a loan through a bank, obtaining a credit card, purchasing goods on installments, or entering into debt-inducing transactions without the permission and knowledge of the guardian of a restricted person under guardianship will affect the restricted person. As is known, a restricted person does not have the capacity to incur debt. For this reason, transactions that would put the restricted person in debt are considered voidable under the Turkish Code of Obligations. An application should be made to the Civil Court of Peace, which is the guardianship authority, for a decision to revoke the debt-inducing transaction that is contrary to the interests of the restricted person and to terminate it in a way that is to their benefit.

In practice, it is sometimes a matter of curiosity whether transactions can be canceled if the restricted person under guardianship takes out a bank loan, purchases goods on installments, or enters into debt-inducing transactions 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 may be canceled after the damage is covered by the guardian. For example, a transaction where a restricted person has purchased a house for themselves via a bank loan is considered valid.

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

In the event that a guardian is appointed for a restricted person by the Civil Court of Peace, which is the guardianship authority, the issues of canceling this duty and changing the guardian are separately regulated in the Turkish Civil Code. Specifically:

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 through other means of the existence of a reason requiring removal, is obligated 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, which is the guardianship authority, is obligated to remove the guardian from duty upon learning of the existence of a reason requiring removal, even if no written application has been made to it. The point that should be emphasized here is the expression "any interested party" regulated in the article of law. It is evaluated that interpreting this broadly as anyone who has any connection with 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 a ledger?

The obligation to keep a ledger is regulated under the heading of the guardian's duties in the Turkish Civil Code. Specifically:

I. Keeping a ledger

Turkish Civil Code Article 438: Upon the finalization of the decision to appoint a guardian, a ledger 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 ledger is being kept, if possible. If conditions require, the supervisory authority may decide to have an official ledger of the assets of the person under guardianship kept upon the request of the guardian and the guardianship authority. This ledger produces the same consequences against creditors as the official ledger in inheritance and is 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 otherwise and explicitly stated by the guardianship authority, which is the Civil Court of Peace, the guardian is also under the obligation to keep an inventory of the assets they are managing. 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 such a case, the guardian has no obligation to keep an inventory. Upon the application of the guardian or the guardianship authority, the supervisory authority, which is the Civil Court of First Instance, has the power to decide that official inventories of the assets of the person under guardianship shall be kept. These inventories are regulated in detail under the Regulation on Inventories, Special Registry Files, Records, 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?

Section Three

Consequences of the Termination of Guardianship

Final account and delivery of assets

Turkish Civil Code Article 489- The guardian whose term has ended is not only obliged to submit the final report regarding the management and the final account to the guardianship authority, but must also keep the assets ready to be handed over to the person under guardianship, their heirs, or the new guardian.

Under the Turkish Civil Code, a guardian whose term has ended must prepare a detailed report and account statement regarding the management of assets during their tenure. If the guardianship ends due to the expiration of the term or any other reason, the report must be submitted to the guardianship authority associated with the management of the assets within fifteen days from the end of the term.

18. What are the procedures to be followed before the transfer of a person under guardianship to an institution in another province?

Change of residence

Turkish Civil Code Article 412- The person under guardianship cannot change their residence without the permission of the guardianship authority. In case of a change of residence, the jurisdiction passes to the new guardianship offices. In this 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 residence of a person under guardianship through a decision by the guardianship authority, the Civil Court of Peace. It is possible to change the residence of the person under guardianship subject to the written permission of the Civil Court of Peace, which is the guardianship authority. However, the essential point is that the superior interest of the person under guardianship has arisen due to the circumstances of the change of residence. If the Civil Court of Peace (guardianship authority) has granted a permit for the change of residence of the person under guardianship, the jurisdiction and authority pass to the guardianship authority in the new place of residence. This matter must also be duly announced in the new place of residence, and the notification must be made to the Civil Court of Peace, which is the guardianship authority in the ward's new place of residence.

One of the most common situations in practice is the transfer of a person to another institution due to reasons such as age or gender, who is currently benefiting from an institution and has been assigned a guardian from among the institution's staff because they have no relatives. In such a case, the transfer procedures are carried out after first obtaining permission from the Civil Court of Peace, the guardianship authority. It is important that the requests for permission from the guardianship authority and the procurement of the decision for the transfer process are carried out urgently. At the same time, the appointment of a second guardian may be requested to conduct the proceedings at the destination of the person under guardianship.

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 capable of performing this duty as a guardian. In necessary cases, multiple guardians can be appointed to perform this duty jointly or separately in accordance with the powers determined by the guardianship authority. Multiple persons cannot be assigned to exercise guardianship jointly unless they consent.

In accordance with the Turkish Civil Code; it is regulated that in necessary cases, multiple guardians can be appointed to perform the duty jointly or separately according to the powers determined by the guardianship authority, and that multiple persons cannot be assigned to exercise guardianship jointly unless they consent. The general rule is that one person is appointed when a guardian is assigned by the Civil Court of Peace, the guardianship authority. However, considering special reasons such as work intensity 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 of the person under guardianship by the guardianship authority. The important point here is that the guardians to be appointed must consent to carry out the work jointly. If both guardians do not consent to managing the work together, they cannot be co-guardians. When a decision is made by the guardianship authority to appoint multiple guardians, the duties and powers of the guardians must be clearly specified.

20. Change of Guardian in Case of Transfer of a Person Under Guardianship to an Institution in Another Province

If one of the family members or relatives of the person placed under guardianship by the Civil Court of Peace (guardianship authority) is the guardian, it must be provable that the guardian can under no circumstances fulfill their duties in this situation and that the rights of the person under guardianship will be harmed in order for a change to be made. In the case of a change due to the transfer of the ward to another city, when the guardian is an institutional employee or was appointed simply because they resided in the same place as the ward, the primary criterion for making the change is what is in the best interest of the ward. If the public employee appointed as guardian by the guardianship authority is required to use annual leave for work outside the province where the ward is located, is far away in cases where an urgent decision is required, or cannot leave their workplace due to their duty, it is necessary to make a written application to the guardianship authority requesting a change of guardian, taking into account that the rights of the ward will be harmed.

The existing guardian is not permitted to leave their post until a new guardian is appointed by the guardianship authority, in order to ensure that the rights of the ward are not left in limbo. It is important for the urgent execution of the procedures that a statement of resignation from guardianship be submitted along with a list of suggestions and persons that will allow the guardianship authority to appoint another person in the province where the ward has been transferred as guardian.

21. Which decisions require the guardian to seek permission from the guardianship authority?

The cases in which a guardian must seek permission from the guardianship authority are regulated in detail in the Turkish Civil Code. Namely;

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 real rights on them,

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

3. Construction works that exceed the limits of ordinary management,

4. Lending and borrowing,

5. Entering into exchange commitments,

6. Making contracts for crop lease for one year or longer and real estate lease for three years or longer,

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

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

9. Making 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.

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 real rights on them (All kinds of transactions effective in the disposal of real estate, such as the sale of real estate belonging to the person under guardianship, the purchase of new real estate, or the establishment of usufruct rights in favor of third parties, passage rights on fields, etc., correction of registration, etc.),

Buying, selling, transferring, and mortgaging movable property or other rights and assets that are outside the needs of ordinary management and operation,

(Paragraph a above regulates transactions related to real estate, and paragraph b regulates those related to movables. Here, by using the phrase "outside the needs of ordinary management and operation," the legislator has granted the guardian initiative by narrowing the scope of transactions requiring permission. For example, permission will not be required for the sale of crops obtained from a field, nor for painting a house or repairing its roof, or maintaining a car. However, if the car's four tires are being renewed, permission will be required.),

Construction works that exceed the limits of ordinary management, (For example, permission must be obtained for construction works exceeding ordinary management limits, such as changing the kitchen, expanding the living room, or adding a room to the attic.),

Lending and borrowing, (For example, all kinds of borrowing or lending money, giving a car owned by the person under guardianship to a relative for travel, or giving gold bracelets to an older sister to be worn at a wedding are subject to permission.),

Entering into exchange commitments, (Indebtedness with checks or promissory notes is also among the transactions subject to permission.),

Making contracts for crop lease for one year or longer and real estate lease for three years or longer, (The legislator has foreseen that lease contracts should also be checked by a second eye to see if they are in accordance with the interest of the person under guardianship. Thus, it is intended to prevent the financial interests of the person under guardianship from being damaged by inefficient and long-term contracts.),

Engaging the person under guardianship in an art or profession, (The fact that engaging the person under guardianship in a profession is subject to permission has been regulated in parallel with the reasons for the restriction of the person under guardianship due to some financial concerns.),

Filing a lawsuit, settling, arbitration, and concordat, 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 existence of a statute of limitations for a lawsuit, the clear indication that not filing a lawsuit/not responding to a lawsuit/not being a complainant will cause the loss of the ward's rights, and the notification that a settlement proposal will be evaluated and time is requested.),

Making property regime contracts, inheritance distribution, and inheritance share transfer 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 requested from them, but documents that this 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 was incurred. In other words, the person declaring themselves a creditor is given the authority to file a lawsuit to cancel some transactions made by the person under guardianship. For example, mortgages made by the restricted debtor for the security of a debt within one year before the seizure or the commencement of bankruptcy, payments made by means other than money or usual means of payment, payments made for a debt that has not matured, all transactions where the restricted debtor whose assets are insufficient to pay debts is proven to have harmed creditors. There is no need to serve a new payment order within one year from the date the creditor receives the insolvency certificate.),

Taking out life insurance for the person under guardianship, (This regulation was deemed necessary because it is an indebtedness contract with private insurance companies and because it is thought that third parties being beneficiaries in terms of the payment of death compensation would not be safe for the life of the ward.),

Making an apprenticeship contract,

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

Changing the place of residence of the person under guardianship

22. In which decisions should the guardian seek the permission of the supervisory authority?

The cases in which a guardian must seek permission from the supervisory authority are regulated in detail in the Turkish Civil Code. Namely;

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 person under guardianship or being adopted,

2. The person under guardianship 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. Making life annuity or income contracts or lifetime care contracts,

5. Acceptance or refusal of inheritance or making an inheritance contract,

6. Emancipation of a minor,

7. Making a contract between the person under guardianship and the guardian.

Article 463 of the Turkish Civil Code details the situations in which the permission of the supervisory authority must be obtained after obtaining the permission of the guardianship authority. For example;

Adoption of the person under guardianship or being adopted,

Applications for the person under guardianship 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,

Making life annuity or income contracts or lifetime care contracts,

Acceptance or refusal of inheritance or making an inheritance contract,

Emancipation of a minor,

Making a contract between the person under guardianship 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, which is the guardianship authority, and then 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 whose cancellation or invalidity is thought to lead to multiple problems and irreparable damages. For this reason, it is considered important that both supervisory authorities make decisions by observing the interests of the person appointed as guardian.

23. What are the consequences of actions taken by the guardian without the permission of the guardianship authority?

The consequences of unauthorized actions taken by the guardian without the permission of the guardianship authority are regulated in detail in the Turkish Civil Code. Namely;

Turkish Civil Code Article 465 - Transactions performed by the guardian without obtaining the permission of the competent guardianship offices when required by law shall have the same effect as transactions performed by the person under guardianship 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, which is the competent guardianship authority, even though the guardian is legally required to obtain it, produce the same results as transactions performed by the person under guardianship without anyone's permission. In other words, transactions performed without permission from the guardianship authority do not create a debt or obligation for the person under guardianship. In this case, the party transacting with the person under guardianship is bound by this transaction, and if a right or receivable arises for the person under guardianship, they are obliged to fulfill them. If the Civil Court of Peace (guardianship authority) or, depending on the situation, the Civil Court of First Instance (supervisory authority) concludes that the unauthorized transaction is in the favor of the person under guardianship and approves it, it is accepted that the transaction starts to have legal effect for the person under guardianship from the date it was performed.

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

The way in which the guardian's duty ends at the end of the term is regulated in detail in the Turkish Civil Code. Namely;

Turkish Civil Code Article 480- The guardianship duty, if not extended, ends with the expiration of the term.

According to Article 480 of the Law, the guardianship duty will end automatically upon the expiration of the term unless extended. However, the Court of Cassation is of the opinion that if a decision regarding the termination of the guardian's duty is not taken by the competent court, the guardian's duty will continue with the tacit acceptance of the guardian and the court at the end of the term. This approach is an appropriate one, as it is consistent with other provisions brought to ensure that the person under guardianship does not remain without representation and with the will of the legislator.