Introduction

This study has been prepared by analyzing the decisions of the Supreme Court, Regional Court of Justice, Constitutional Court, and first-instance courts regarding the guardian’s obligations, the obligation to accept the duty of appointment as a guardian, and the legal consequences arising from the violation of these obligations. The analysis aims to present the fundamental responsibilities of the guardianship institution within the framework of the relevant articles of the Turkish Civil Code (TMK), the legal mechanisms concerning the acceptance of this duty, and the sanctions that may arise from negligence of duty.

1. Obligations of the Guardian

Court decisions consistently emphasize that the guardian’s responsibilities cover a wide range, and the primary purpose is to protect the interests of the ward. This principle has been clearly set forth in the decisions of the Supreme Court General Assembly of Civil Chambers and the Constitutional Court, with reference to the relevant articles of the Turkish Civil Code (TMK): “A guardian is one of the guardianship organs regulated by law and is responsible for preserving the interests of the minor or restricted person to whom they are appointed, concerning both their personality and their assets, protecting the restricted person, assisting them in all their personal affairs, and representing them in legal transactions (Law No. 4721, arts. 447-448).” (Supreme Court General Assembly of Civil Chambers-2022/747-2023/1080) This general framework is concretized by the obligation to “show the diligence required by good management” (Supreme Court 18th Civil Chamber-2013/11987) and “manage the assets diligently like a good administrator” (Supreme Court General Assembly of Civil Chambers-2020/465-2022/1416). The specific obligations mentioned in the examined decisions are as follows:

Financial Obligations: Keep an inventory of assets, submit annual and final account reports to the guardianship authority (Supreme Court 18th Civil Chamber-2013/10045, Supreme Court 2nd Civil Chamber-2022/7890), manage the ward’s assets and pay their income to them.

Representation and Permission Obligations: Represent the ward in legal transactions, attend general assemblies and cast votes (Regional Court of Appeals-Istanbul 43rd Civil Chamber-2022/1065) and obtain permission from the guardianship authority for important decisions such as changing the ward’s place of residence (Supreme Court 5th Civil Chamber-2024/821).

Personal Care Obligations: To assist the ward in their personal affairs, to attend to their living conditions and needs, to obtain health reports when necessary (Supreme Court 5th Civil Chamber-2023/4969), and to “care for” them (Supreme Court 18th Civil Chamber-2013/7577).

2. Obligation to Accept the Duty of Guardianship

The examined decisions indicate that the duty of guardianship is not an obligation, but rather a “right to decline” subject to certain procedures. This right is explicitly stated in a decision by the Supreme Court 2nd Civil Chamber: “According to Article 422 of the Turkish Civil Code, ‘a person appointed as guardian may exercise their right to decline within ten days of being notified of this appointment.’” (Supreme Court 2nd Civil Chamber-2011/7192-2011/19661)

The guardianship candidate may request that the reasons for declining (excuses) they put forward be examined by the guardianship authority (Supreme Court 18th Civil Chamber-2013/18520). However, a decision by the Istanbul Regional Court of Justice reveals an important detail: according to Article 423 of the TCC, “a person appointed as guardian is obliged to perform the duties of a guardian even if their appointment has been objected to” has been stated. This situation indicates that exercising the right to decline or objecting to the appointment does not suspend the duties until the process is concluded.

3. Legal Consequences of Breaching Obligations

In cases where the guardian neglects or abuses their duties, the most frequently cited legal consequence in court decisions is removal from office. This sanction is based on Article 483 of the TCC and has been reiterated in almost all relevant decisions: “If the guardian severely neglects their duty, abuses their powers, engages in behavior that undermines trust, or becomes insolvent, they shall be removed from office by the guardianship authority.” (Bursa Regional Court of Appeals 5th Civil Chamber-2022/2089-2023/74 and numerous Supreme Court decisions)

The decisions also show that removal from office is not solely dependent on the guardian’s faulty conduct. Pursuant to Article 483/2 of the TCC, “if the interests of the ward are jeopardized due to the guardian’s inadequacy in performing their duty, the guardianship authority may remove the guardian even if there is no fault on their part” (Supreme Court General Assembly of Civil Chambers-2024/780). The request for removal may be made by the ward with discernment or by any interested party, or it may be initiated ex officio by the guardianship authority.

In addition to removal from office, the guardian’s financial liability is also an important legal consequence. This was clearly stated in a decision by the 18th Civil Chamber of the Supreme Court: “If the guardian fails to fulfill their obligations and causes damage to the ward through negligent conduct while performing their duty, they shall be liable for such damage.” (Supreme Court 18th Civil Chamber-2013/10045-2013/11231)

This liability allows for the filing of a “material compensation lawsuit” against the guardian for the compensation of damages incurred in the ward’s assets (Supreme Court 2nd Civil Chamber-2022/7890). Furthermore, the right to file a complaint with the guardianship authority against the guardian’s acts and omissions (Article 461 of the TCC) also exists.

Result

In light of the reviewed court decisions, it is understood that the institution of guardianship is a duty aimed at protecting the rights and interests of the ward at the highest level and involves significant responsibilities. The guardian’s obligations require careful management of both the ward’s person and assets. Although accepting this duty is not mandatory, even if the legal right to decline is exercised, responsibility continues until the process is finalized. In cases of gross negligence, misuse, or inadequacy in fulfilling obligations, the law grants the guardianship authority the power to remove the guardian and take other necessary measures to protect the ward’s interests. Furthermore, compensation for damages caused by negligent actions is another important legal consequence that gives rise to the guardian’s personal liability. A suggested article .

Why Is Expert Legal Support Necessary?

Guardianship law is a highly technical field requiring careful attention, both within the framework of Articles 404–483 of the Turkish Civil Code (TMK) and the jurisprudence of the Supreme Court and Regional Courts of Justice.
Even a small procedural error in processes such as the appointment, removal, right to decline, responsibility, and compensation liability of the guardian can lead to both the annulment of the decision and the loss of rights for the ward.

Therefore, in guardianship cases, the guidance of an expert lawyer is of great importance. An experienced guardianship law lawyer manages the process correctly before both the guardianship authority (Civil Court of Peace) and the supervisory authority (Civil Court of First Instance), monitors legal deadlines, and protects the interests of the ward.

Operating in Istanbul’s Tuzla, Kadıköy, Kartal, Beykoz, Pendik districts, as well as Gebze, Tepeören, Bayramoğlu, and Çayırova regions, 2M Law Firm provides comprehensive consultancy and representation services in guardianship and trusteeship cases.
Professional support ensures not only the swift and proper conduct of the case but also the safeguarding of the ward’s personal and property rights.