Guardianship & Conservatorship Law in Turkiye

Guardianship law is a deeply sensitive legal framework designed to protect individuals who are temporarily or permanently unable to manage their own personal, medical, or financial affairs. Under the Turkish Civil Code, legal restrictions and guardianships are established for minors left without parental care, as well as adults suffering from severe mental illness, cognitive decline, advanced dementia, extreme substance addiction, or severe financial prodigality. Managing the assets, medical care, and legal representation of a restricted individual carries immense statutory responsibility.

For international families living in Turkiye or foreign investors with incapacitated relatives holding local assets, navigating these legal channels can be incredibly overwhelming. At Kotan & Gökce Law Firm, we guide international clients through the delicate process of securing court-ordered guardianships, ensuring that your vulnerable loved ones are protected, their healthcare is managed, and their Turkish assets are legally insulated from exploitation.

Our Scope of Services:

  • Filing for Guardianship Orders: Initiating formal petitions before the Turkish Civil Courts of Peace (Sulh Hukuk Mahkemesi) to place an incapacitated individual under legal protection.

  • Appointment of Guardians and Trustees: Managing the court process to appoint a qualified family member or legal professional as a guardian (vasi) or a temporary trustee (kayyım).

  • Asset Tracing and Court Inventories: Compiling comprehensive financial and real estate inventories of the restricted person’s Turkish estate to present to the auditing judge.

  • Securing Special Judicial Authorizations: Representing guardians in obtaining mandatory court permissions (izin) required to sell, lease, or manage real estate and bank accounts belonging to the restricted individual.

  • Modifying or Revoking Guardianship Status: Filing petitions to replace a non-compliant guardian, modify the terms of a conservatorship, or terminate the restriction if the individual recovers.

  • Annual Financial Court Compliance: Preparing and submitting the rigid annual financial management reports and accountings required by Turkish probate judges.

Why Kotan & Gökce?

Compassionate Cross-Border Care:

We manage sensitive family crises involving vulnerable or incapacitated foreign nationals with deep empathy, absolute discretion, and legal precision.

Flawless Asset and Court Management:

Turkish courts audit a guardian's financial actions very strictly. We ensure every transaction, asset sale, or medical expense complies perfectly with local probate laws to protect you from personal liability.

Bilingual Bureaucratic Protection:

We remove the immense stress of dealing with local court-appointed medical boards, state hospitals, and judicial hearings by handling all procedures and providing clear English updates.

Critical Realities in Turkish Guardianship Law

An elderly foreign resident experiencing severe cognitive decline or dementia while holding assets in Turkiye.

When a foreign national loses their mental capacity, their local Turkish bank accounts, property deeds, and even residency renewal processes can become completely frozen. A family member cannot simply step in using a standard power of attorney, as cognitive incapacity legally invalidates prior mandates. Resolving this requires launching a formal guardianship case, where the court will coordinate with Turkish state hospitals to secure an official medical board report confirming the restriction.

 

Attempting to sell or liquidate real estate owned by a legally restricted family member.

Many foreign guardians assume that once they are appointed by the court, they have total freedom to sell the restricted person’s Turkish villa or apartment to fund their medical care. This is a major misconception. Under Turkish law, a guardian cannot sell real estate or dissolve high-value assets without filing a separate, detailed petition to show the court that the sale directly benefits the restricted person. The court must approve the transaction and will strictly supervise the placement of the cash proceeds.

Failing to file mandatory annual financial accounting reports with the Civil Court of Peace.

Being appointed as a legal guardian in Turkiye is not a passive role. The court demands a transparent, line-by-line financial accounting every single year, showing exactly how the restricted individual’s funds were spent. If a foreign guardian fails to submit these reports on time, or if the court suspects missing funds or unauthorized expenses, the judge can immediately strip the guardian of their title, launch a liability investigation, and appoint an independent local trustee instead.

Protecting the health, dignity, and wealth of an incapacitated loved one in a foreign country requires swift, legally sound intervention. To initiate a guardianship process, secure asset management permissions, or review a conservatorship case in Turkiye, contact our family and civil law team to arrange a confidential consultation.

Your legal partner in Izmir-Turkiye

Please contact us for consultation. You can reach us via WhatsApp, phone or e-mail.

info@kotangokce.com Mon – Fri 09:00-18:00

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