ISTANBUL GUARDIANSHIP ATTORNEY
What is Guardianship?
Guardianship is a legal process by which a court appoints a person to make legal decisions on behalf of someone unable to do so. Guardians may be appointed to make medical decisions for an incapacitated person and/or manage their financial affairs.
Who Needs a Guardian?
A legal guardianship may be required for minors, developmentally disabled adults, and adults who have become incapacitated and due to the incapacity cannot provide for their personal needs or manage their own property or finances.
Who Can Be A Guardian?
Guardians are typically close family members, but sometimes a neighbor, friend, a social services official or a corporation, is appointed as guardian.
The basic requirements for a guardian are that:
- They are over 18 years old,
- They are a legal citizen of the United States,
- They are not a professional providing services to the person requiring a guardian,
- They are not in debt to the person requiring a guardian, and
- They have never been convicted of a felony.
What Does A Guardian Do?
Depending on the authority granted to the guardian by the court, guardians can have various duties, such as:
- Manage assets and make financial decisions on behalf of the person in need of a guardian.
- Make medical decisions on behalf of the person in need of a guardian.
- Handle the daily life of the person in need of a guardian.
- Assist with public benefits for the person in need of a guardian.
Types of Guardians:
Different types of guardianship cater to the specific needs of the individual.
Guardian of the Person: A guardian of the person makes life decisions for the individual; these decisions may be regarding healthcare, education, or general welfare.
Guardian of the Property: A guardian of the property makes decisions about the individual’s finances and must file an annual accounting with the court. Property guardians may also have bond requirements or may need to marshal the assets of the individual.
Guardian of the Person and Property: A guardian of the person and property makes both life decisions and property decisions for the individual.
Guardian ad Litem: A Guardian ad Litem is assigned by a Judge to protect the interests of an individual during a court case in which the individual is unable to protect their own interests.
How is a Guardian Appointed?
A guardian is appointed through a court process. A guardianship proceeding may be brought in Supreme Court, Surrogate’s Court, or County Court, depending on the type of guardianship needed.
Different Types of Guardianships
In Turkiye, there are different statutes that govern and determine the type of guardianship proceeding necessary to have a guardian appointed in a particular case.
Article 405 Guardianships
According to Article 405 of the Turkish Civil Code, “a legal person who is unable to perform his business, or constantly needs assistance to protect and care for him, or poses a threat to the security of others due to his mental illness or mental weakness is prohibited by law.”
It is understood from this legal text that having a mental illness or mental impairment is not the only reason for applying for legal guardianship to apply for legal disability. The person is put under legal guardianship, as we mention in the next paragraph.
Article 406 Guardianships:
There are many reasons stipulated in Article 406 of the Turkish Civil Code, which requires placing a person under legal guardianship, such as extravagance, alcohol or drug addiction, bad lifestyle, poor property management, and the individual’s lack of interest in his property and financial affairs, or that the person or his family expose himself to the risk of falling into poverty and financial hardship and therefore need continuous protection and care.
A bad lifestyle means: exhibiting behaviors that are contrary to public morals, and contrary to public order, in other words, living a life in which the moral and social values prevailing in society are ignored.
Article 408 Guardianships:
According to Article 408 of the Turkish Civil Code, a person can request to be placed under legal guardianship, if he can prove that he is unable to perform his work due to his advanced age, disability, inexperience, or serious illness.
Is there an Alternative to Guardianship?
If an individual can sign advance directives, including a health care proxy and durable power of attorney which includes the broad authority to manage his or her affairs, it is very possible to avoid guardianship. Generally, every adult should have these documents in place as a “just in case” as no one knows if or when they may become incapacitated.
If you would like to learn more about guardianship and need assistance with the guardianship process, contact us today.