Can a Sibling Be Appointed as Guardian in Turkish Law?

Appointment of a Sibling as Guardian

Guardianship is a legal institution that requires the appointment by the judiciary of a representative, in other words, a guardian, to manage an individual’s assets and personal rights in order to protect individuals and their rights in certain situations. The appointment of a guardian is a process that comes into play especially when a person loses or significantly diminishes their ability to discern. In this process, appointing a family member as a guardian is a common occurrence. In this context, appointing a sibling as a guardian is also possible and quite common.

Conditions for Appointing a Sibling as Guardian

According to the Turkish Civil Code, in the appointment of a guardian, it is essential to choose primarily from the person’s close relatives, especially the spouse or first-degree blood relatives. Siblings are among those who can be appointed as guardians in this context. However, certain conditions must be met for a sibling to be appointed as a guardian:

• Adult Requirement: For a sibling to be appointed as a guardian, they must be of legal age, meaning they must have reached the age of 18.
• No Obstacles to Guardianship: The sibling must not have any conditions that would prevent them from fulfilling the duty of guardianship. For example, those leading a disreputable life, those banned from public service, or those with a conflict of interest with the person to be placed under guardianship cannot become guardians.
• Competence and Capability: The sibling must be competent and capable enough to manage the assets of the person to be placed under guardianship and provide care and protection.

The Process of Guardian Appointment

To appoint a sibling as a guardian in Turkey, an application usually needs to be made to the Civil Court of Peace. In this process, the court evaluates whether the situation requiring guardianship exists and may request documents such as an official health board report. The court decides whether it is appropriate to appoint the sibling as a guardian, considering the best interests of the person to be placed under guardianship.

Consequences of Guardian Appointment

The sibling appointed as guardian is obliged to represent the person under guardianship in all legal transactions. In this context, important responsibilities such as the management of real estate and the protection of personal rights also belong to the guardian. The guardian is obliged to account to the guardianship authority while performing their duty and cannot carry out certain legal transactions without the permission of this authority.

Appointment of a Sibling as Guardian and Sample Supreme Court Decisions

In the process of appointing siblings as guardians, Supreme Court decisions in Turkey are guiding and reveal how various legal criteria should be applied.

Supreme Court 4th Civil Chamber, 2011/420 Basis, 2012/3434 Decision (05.03.2012)

In this decision, the Supreme Court found that in a case where the defendant’s sibling was appointed as guardian, a conflict of interest was detected between the defendant and their guardian. The court decided that it was not appropriate for the sibling appointed as guardian to pursue the case due to the conflict of interest and that another trustee should be appointed. Therefore, a decision was made to change the guardian in the case.

Supreme Court 8th Civil Chamber, 2017/8075 Basis, 2018/566 Decision (16.01.2018)

In this decision, the request for permission to sign a contract on behalf of the restricted person was evaluated. The sibling appointed as guardian requested permission to waive the inheritance right of the restricted person in their own favor, but the court rejected this request. The Supreme Court emphasized the authority of the guardianship authority to inspect such requests and decided to return the file to the court.

Supreme Court 6th Civil Chamber, 2012/17505 Basis, 2013/9882 Decision (05.06.2013)

In this decision, the situation of appointing a sibling as guardian was evaluated. The restricted S.Ç. was placed under the guardianship of their sibling H.A.Ç. due to mental illness. The court emphasized that the guardian should represent the restricted person and that it is mandatory to inform the guardian during legal transactions. It was stated that the decision taken without notifying the guardian was against the law.

Supreme Court 2nd Civil Chamber, 2015/14565 Basis, 2016/5846 Decision (24.03.2016)

The Supreme Court addressed the appointment of the plaintiff’s sibling H. as guardian due to the plaintiff being convicted. The court emphasized that permission from the guardianship authority was required to file a lawsuit because the plaintiff was under guardianship. It was decided that filing a lawsuit without obtaining this permission was against procedure.

 

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