Petition for Appointment of Guardianship

Petition for Appointment of Guardianship

 

TO THE ISTANBUL CIVIL COURT JUDGE;

 

 

PLAINTIFF:  ME (TR)

Address

 

REPRESENTATIVE:  Attorney İrem EPÇAÇAN

Address

 

DEFENDANT:  Unopposed

 

SUBJECT: This is a request from my client ME for a decision to place NE, the mother of the plaintiff ME, under guardianship due to mental weakness/mental illness, as NE has been diagnosed with dementia/Alzheimer's, in accordance with the relevant provisions of the Turkish Civil Code, and for ME to be appointed as her guardian.

 

EXPLANATIONS:

1. Client's family situation and kinship ties

My client is the biological child of N.E., whose guardianship is requested. The civil registry records of my client and the person whose guardianship is requested are attached.

The individual for whom a restraining order is requested was born on January 12, 1945, and dementia/Alzheimer's disease due to their advancing age. They have been examined at various healthcare facilities for a long time, and this condition has become chronic.

2. Dementia/Alzheimer's diagnosis and its effect on legal capacity

As can be understood from the epicrisis and health board reports prepared at ……… Training and Research Hospital / ……… State Hospital ; NE was diagnosed with dementia/Alzheimer's , and a significant decline in cognitive functions, memory loss, disorientation, and a marked decrease in reasoning and decision-making abilities were detected.

Due to the nature of the illness, the person whose guardianship is requested ability to manage daily life, manage financial transactions, and understand the consequences of contracts and official procedures . At times, they may not recognize their relatives, frequently forget the location of their home, the date of their arrival, and the transactions they have made; they may also be unable to comprehend the legal consequences of documents they have signed and statements they have made.

For these reasons, the conditions in the Turkish Civil Code regarding "the restriction of legal capacity of persons who are unable to manage themselves and their assets due to mental illness or mental weakness" have been met in this specific case. The client's mother is no longer capable of exercising her legal capacity in a sound manner.

3. Interests worthy of protection and the need for guardianship

N.E., whose guardianship is requested, has a retirement pension, real estate (house, land, etc.), and rental income. Due to her illness;

• Unable to pay bills regularly,
• They are unable to track bank transactions, and may make incorrect or duplicate payments
• They may engage in risky behaviors such as lending money to strangers, signing documents, or incurring debts
• They cannot independently handle healthcare, official procedures, and legal matters.

This situation increases the risk of both material and moral harm to the individual , and also makes it difficult to protect their existing assets. Establishing guardianship has become necessary for the individual's protection, the fulfillment of their needs, and the management of their assets

4. Eligibility of the client to be appointed as guardian

My client, ME, is the biological child of the person whose guardianship is requested and has been actively providing care, supervision, and support to her mother for a long time. My client resides in the same city as her mother and is in constant contact with her.

The client has a fixed residence, a regular income, and no legal restrictions, serious criminal record, or circumstances that would prevent the performance of guardianship duties . (If necessary: ​​Documents regarding the client's criminal record, residence, social security service record, and income status will be attached.)

The client agrees and undertakes to handle matters relating to his mother's personal affairs (health, care, housing) and assets (bank, real estate, rental, litigation, etc.) in a manner consistent with the law and in her best interests. He will also fulfill his obligations to provide accounts, security , and reports if the court deems it necessary.

 

LEGAL GROUNDS       : Code of Civil Procedure, Turkish Commercial Code, and all relevant legislation.

 

EVIDENCE: population registry records, medical reports, expert opinions, witness statements, and all other legal evidence.

 

CONCLUSION AND REQUEST: For the reasons explained above, we respectfully request and demand that the court accept the case, order the placement of NE under guardianship, and appoint our client's son, ME, as his guardian.

 

Plaintiff's Attorney

Attorney Irem EPÇAÇAN