What does "guardian" mean? All your questions about guardianship answered.

What Does Guardian Mean? | Legal Dictionary | Izmir Law Firm | Izmir Lawyer

18 Yaşını doldurmamış kişilere kanunen “Reşit olmayan küçükler” denilmektedir.  Bu kişilere ya da bazı durumlarda ergin olan kişiler için atanan yasal temsilcilere vasi adı verilmektedir. Bir başka anlatımla, kanuni hakların kısıtlanması için tüm şartları taşıyan kişilere vasi atanır. Hak ehliyeti ve fiil ehliyetine sahip olmayan kişilere vasi atanarak hukuki işlemleri yapma imkanı olarak da tanımlanabilir. Legal capacity And legal capacity You can find our article on these and their restrictions here.

4721 sayılı Türk Medeni Kanunu’nda düzenlenen vesayet, kişinin kendisi tarafından da mahkemeden talep edilebilir.

GUARDIANSHIP CONDITIONS

Turkish Civil Code Certain conditions are required for the appointment of a guardian, as specified by the relevant authorities. Specifically, there are requirements regarding whether the person is an adult or a child. Following a divorce, when custody is removed from both parents, a guardian can be appointed for all children and future children.

Conditions;

• Being too young
• Restriction 
• Imprisonment sentence
• It is the person's request. 

Placement of Minors Under Guardianship

"Minor" is a term referring to children under the age of 18. If it is determined that a minor is not being protected by their parents, and there is a serious violation of custody, the child must be placed under guardianship. In situations where the parents are not present and it is impossible to protect the child, a guardian is appointed to protect the child's personal and financial rights. Furthermore, if a situation arises requiring guardianship by state authorities, they can notify administrative authorities, courts, and relevant guardianship bodies to ensure the child is placed under guardianship.

Guardianship Due to Restriction of Capacity

Cases requiring guardianship include mental illness, need for protection, and behaviors that endanger society. Individuals who are unable to manage their personal affairs due to mental illness or weakness, require assistance in their care, or engage in behaviors that threaten public safety should be placed under guardianship. Additionally, guardianship may be necessary in cases of substance abuse, dissolute lifestyle, mismanagement of assets, extravagance, alcohol addiction, and causing financial and emotional distress to their families.

Guardianship Procedures

To establish guardianship, the individual is first interviewed, and an expert report is obtained. In cases of alcohol or drug addiction, the individual must be interviewed. For individuals with impaired mental health or mental illness, an official medical report is mandatory. The judge makes the decision based on the board's report. The next stage is the announcement stage. After the guardianship decision becomes final, an announcement is made at the guardian's place of residence or registered address. Bona fide third parties are not affected by negative circumstances before the announcement.

Competent and Authorized Court

In guardianship cases, the competent court is the court of the place where the minor or the person under guardianship resides. The court with jurisdiction is specified as the Civil Court of Peace. The address of a person under guardianship cannot be changed without permission from the guardianship authority. In case of a change of residence, jurisdiction is transferred to a different guardianship court. A new announcement must be made at the new place of residence of the person under guardianship.

Complaint and Appeal to the Guardianship Authority 

The person under guardianship may file a complaint against the guardian's negative actions. For example, if the guardian is acting against the appointed person or failing to protect the legal interests of the appointed person, it is possible to file a lawsuit to have the guardianship revoked. Decisions from the guardianship authority can also be appealed. The right to appeal exists within 10 days of the decision being served to the individual.

Matters Requiring Permission from the Guardianship Authority

The guardianship authority is designated as the Civil Court of Peace. Even if a guardian is appointed for a person whose restriction has been decided upon, permission from the court is mandatory for any actions that would legally protect the restricted person.

These situations;

• Real estate buying and selling
• Management includes the purchase, sale, transfer, and pledging of movable assets, rights, and values, excluding operating expenses.
• Construction works outside of regular management procedures.
• Lending or borrowing
• Foreign exchange commitment
• Product usage for a period of 1 year or longer, or a lease agreement for a period of 3 years or more.
• Interest in art or a profession
• Litigation, settlement, arbitration, concordat
• Marital property agreement, inheritance division, transfer of inheritance shares.
• Statements of inability to pay debts
• Apprenticeship contract
• Life insurance
• Placement procedures in education, care, and health institutions.
• Change of residence

All these procedures can be carried out with the permission of the Civil Court of Peace's guardianship authority. As can be seen, this prevents the individuals under guardianship from being exploited financially or emotionally by others.

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