A guardianship lawyer is the person who will guide in guardianship procedures. According to Turkish Law, the guardian is obliged to protect all interests of the minor or the restricted person under guardianship regarding his/her personality and assets and to represent him/her in legal procedures.
The Turkish Civil Code regulates the situations that require guardianship regarding persons who need to be restricted in Article 404 and the following articles as follows. Accordingly, in the presence of these situations, you can apply to a guardianship lawyer for help.
A. Minority
B. Restriction
- Mental illness or mental weakness
- Extravagance, alcohol or drug addiction, bad lifestyle, bad management
- A penalty restricting freedom
- Inability to properly manage one’s affairs due to old age, disability, inexperience or serious illness
It is possible to appoint a guardian.
Where should one apply for guardian appointment?
First of all, the appointment of a guardian to a person is something that will be done by a court decision. For this, your guardianship lawyer will show you the most appropriate way for you. Normally, a petition for the appointment of a guardian must be filed with the Civil Court of Peace located in the place of residence of the person to be appointed as a guardian.
The court appoints an adult who is capable of performing this duty as a guardian upon application. Unless justified reasons prevent it, the guardianship authority first appoints the spouse or one of the close relatives of the person to be placed under guardianship to this duty, provided that they meet the conditions for guardianship.
Appointment of a guardian to foreign nationals in Turkey
The appointment of a guardian to foreign nationals in Turkey is regulated within the framework of Article 10 of Law No. 5718 on International Private and Procedural Law. According to this article, the reasons for issuing and terminating a restriction or guardianship decision are subject to the national law of the person whose restriction is requested. However, if it is not possible to issue a guardianship or restriction decision according to the national law of the foreigner, if the person’s habitual residence is in Turkey, Turkish law shall apply. (bedriyeıclalpoyrazav)
In this context, if it is not possible for a foreign national to be restricted or placed under guardianship according to the law of their own country and if this person’s permanent residence is in Turkey, a guardian may be appointed by the Turkish courts. In this case, a guardianship attorney can be applied to the Civil Court of Peace and a request for the appointment of a guardian can be made.
If a guardianship or restriction decision has been made in a foreign country, this decision must be recognized in order to be valid in Turkey. The recognition of guardianship decisions made by foreign courts in Turkey is possible with a recognition case to be filed in the Civil Court of First Instance. After the recognition decision is made, a guardianship file is opened in the competent Civil Court of Peace and the process of appointing a guardian is carried out. Of course, it is important to conduct these cases with a guardianship attorney.(reyhankayışlıav)
As a result, the appointment of a guardian to foreign nationals in Turkey depends on the person’s national law and residence status. In this process, it is important to follow the necessary legal procedures by applying to the relevant courts, and you can contact our law firm for a guardianship lawyer to provide legal support in this regard.
Att. Havva KÜLÜĞ
