Inlet

This study analyzes who will be appointed as a guardian, the conditions of the appointment of a guardian, the conditions of termination of the guardian’s duty and guardianship, in the light of the Supreme Court and other court decisions, regarding the guardianship, which is one of the basic institutions of the guardianship law. The study aims to provide a holistic perspective on the appointment, dismissal, dismissal and procedural processes of the Vasililik Institution by revealing how the provisions of the Turkish Civil Code (TMK) are interpreted with the case law of the Supreme Court.

Persons to be appointed: According to the decisions of the Court of Cassation, the guardian is appointed to those who are “restricted” in accordance with Articles 404, 405 and 406 of the TMK. Among these people, those with mental illness or mental weakness, disabled individuals and TMK art. There are convicts who are sentenced to restrict freedom in accordance with 407. It is essential that the restricted adult children remain under the custody of their parents without being appointed as a guardian.

End of the guardian’s duty: The duty of the guardian may terminate in certain situations, regardless of the termination of the tutelage. TMK m. counted in 483″Strongly neglecting his duty, misappropriation, confidence-shattering behaviors” may be dismissed by the tutelage authority for reasons such as In addition, situations such as the death of the guardian, the loss of the capacity to act (TMK art.

End of tutelage (removal of guardianship): The tutelage situation ends with the disappearance of the reason that requires the institution (TMK art. 472). This situation improves the limited Removal of the state of limitation or release of the convict by completing his sentence (TMK art. 471) in cases such as. The request for the abolition of the tutelage is in the nature of a separate case.

Procedural Process and Legal Ways: The competent court in tutelage works It is the Civil Court of Peace (Governorship Authority). The way of appeal against administrative decisions such as the appointment and dismissal of the guardianship authority is closed. Instead, those concerned will be sent within 10 days from the notification of the decision.Civil Court of First Instance, which is the Office of Enetimwhat can they object (TMK art. 488). The decision of the supervisor is final.

1. Situations requiring the appointment of a guardian

The examined Supreme Court decisions show that the basic condition of the appointment of a guardian is that a person is “restricted” for the reasons listed in the law. The most common reason for restriction is regulated in Article 405 of the TMK. In a decision of the 12th Civil Chamber of the Court of Cassation, this situation is stated as follows: “Every adult who cannot do their jobs due to mental illness or mental weakness or who constantly needs help to protect and care for them or endanger the safety of others is restricted.” (2022/1212 E., 2022/2455 k.)

Besides, TMK m. Pursuant to 407, an adult person in the penitentiary for the execution of the finalized prison sentence is restricted upon his request or a trustee is appointed to him. Again, pursuant to this article, the execution of a total of five years or more for the execution of a finalized prison sentence
The protection of his personality or property, even if he does not have a request, an adult in the institution
may be restricted if deemed necessary.

An important exception has been introduced for restricted adult children. According to the decision of the 20th Civil Chamber of the Supreme Court of Appeals, it is essential that these people remain under the custody of the parents, instead of directly appointed a guardian: (2016/2215 E., 2016/5055 K.) In this case, the provisions of custody are applied to the disputes and the competent court is the family court.

2. TERMINATION AND CHANGE OF THE DUTY OF THE GUARDIAN

The termination of the guardian’s duty means that the tutelage continues, but there is a change in the person of the guardian. Various reasons that lead to this situation are emphasized in the decisions.

Dismissal: TMK m. 483 regulates the conditions of dismissal due to the faulty behavior of the guardian. Referring to this article in a decision of the 18th Civil Chamber of the Court of Cassation, “If the guardian’s duty is to be neglected, abused his powers, or if he commits distrustful behaviors, or if he fails to pay a debt, he is dismissed by the guardianship authority.” the provision is reminded (2015/6404 E., 2016/953 k.). The inability of the guardian to fulfill his duty due to his old age or illness is also accepted as the reason for his dismissal.

Death of the guardian or the loss of capacity to act: This situation automatically ends the guardian duty. In a decision of the 4th Civil Chamber of the Court of Cassation, it is clearly stated that the duty of guardianship has ended after the person appointed as a guardian is put under tutelage:“The duty of guardianship ends with the guardian’s loss or death.” (TMK art. 479) … E., 2019/1717 k.)

The task is limited to the duration: As a rule, the duty of the guardian two years And if it is not extended at the end of this period, it ends (TMK art. 480). However, the 12th Civil Chamber of the Court of Cassation has made an important comment that “At the end of the period, the duty of the guardian and the guardian will continue with the implied acceptance of the guardian and the court” if a decision is not taken by the competent court, in order not to be left without a representative. 2022/2455.).

Vasin’s own request: guardian, May ask for forgiveness due to reasons such as health problems, place change.. These requests are evaluated by the guardianship authority (Court of Appeals 8. HD 2021/447 E., 2021/1360 k.).

3. End of tutelage (removal of guardianship)

The end of the tutelage is the complete end of the guardianship institution with the disappearance of the state of limitation. In a decision of the 2nd Civil Chamber of the Supreme Court, this situation is clearly stated: “The court has decided to remove the constraint of the constraint and to determine that the guardian’s guardianship has come to an end.” (2024/8863 E., 2024/8662 k.)

Abolition of tutelage, TMK m. In accordance with 472, it is possible with the “elimination of the reason that requires guardianship”. For example, the recovery of the person who is restricted due to mental illness or the release of the convict by completing his sentence (TMK art. 471) ends the tutelage.

4. Legal remedies and authority against guardianship decisions

A significant portion of the decisions examined focus on procedural rules specific to tutelage law. Decisions of the magistrates’ court, which is the guardianship authority, such as the appointment, change or dismissal of the guardian, are not directly subject to appeal, as they are accepted in an administrative nature. In a decision of the 8th Civil Chamber of the Court of Cassation, this process is summarized as follows: It belongs to the civil court and the appeal period is 10 days.” (2017/6614 E., 2018/488 k.)

Likewise, the person appointed to the guardianship does not accept this duty (avoidance) or the objections made to the guardian’s person are also TMK art. Pursuant to 422, it is finalized first by the guardianship authority, and by the supervisory authority if the request is rejected.

Result

The presented court decisions provide a detailed picture of how the guardianship agency works within the framework of the Turkish Civil Code. Appointment of guardians is a strict legal process dependent on certain constraints. There is a clear distinction between the termination of the guardian’s duty and the complete abolition of the tutelage. While the duty of the guardian can be ended for personal reasons (death, resignation, dismissal), the abolition of the guardianship is only possible with the disappearance of the reason for the limitation. The Court of Cassation’s case-laws, in particular, emphasize that the legal remedy to be followed against the tutelage decisions is not appeal, but an objection to the supervisory authority, and that this process is definite. This situation reveals the specific procedural structure of the guardianship law. One#atfp_close_translate_span# post proposal.

Why is the support of an expert lawyer required?

Processes related to tutelage law — especially Appointment of guardians, , dismissal or abolition of tutelage procedures such as — requiring technical knowledge and attention, Strictly tied to the procedure judicial proceedings. Inaccurate or incomplete applications may lead to the prolongation of the process or the cancellation of the decision. Therefore, both 404–483 of TMK. ARTICLES as well as Supreme Court Jurisprudence about Experienced#AtFP_Close_Translate_Span# a attorney support is of great importance.

of Istanbul Tuzla, Kartal, Kadıköy, Beykoz, Pendik, also Gebze, Tepeören, Bayramoglu In the tutelage cases and guardianship processes in regions such as Court and guardianship proceedings ensures healthy progression.

Professional support, not only the correct operation of legal periods, but also protecting the interests of the restricted person and preventing the abuse of the guardianship institution. also guarantees.