LIFETIME CARE AGREEMENT

A lifetime care contract, which is a reciprocal agreement, is a type of contract in which the person providing care undertakes to care for the person receiving care until their death in exchange for goods or services.

According to Article 527 of the Civil Code No. 4721, a testator may transfer a specific property or the entire inheritance to a third party with whom they have made an inheritance agreement.

Accordingly, the validity of a lifetime care agreement depends on the existence of a formally drawn up will.

Contracting Parties

A lifetime care contract consists of a party providing care and a party receiving care. The caregiver provides the services they have committed to until the individual's death, in accordance with the contract. The caregiver undertakes to provide all necessary care for the individual until their death. The recipient, in turn, is the party who pledges their inheritance or money in return for the services received. They may pledge their entire inheritance or a specific portion of it.

Contractual Nature

A lifetime care contract, which includes both the party promising care and the party receiving care as liable parties, is regulated within the framework of the Turkish Code of Obligations.

In order for a lifetime care contract, prepared by a state-recognized care institution in accordance with the conditions determined by the competent authorities, to be valid, it must be in written form according to Article 612 of the Turkish Code of Obligations.

Contract Cancellation

The termination of a lifetime care contract is only possible if one of the parties fails to fulfill their obligations. Accordingly, the party providing care can file a lawsuit for termination if they cannot collect their dues, while the caregiver can initiate legal proceedings to withdraw from the contract if the caregiver fails to provide the services they promised. According to Article 615 of the Turkish Code of Obligations, creditors have the right to file a lawsuit for termination.

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