Request to Exercise the Right to Refuse Guardianship

Petition for Refusal to Assume Guardianship

TO THE DUTY CIVIL COURT OF PEACE

PLAINTIFF : Name and Surname – (Turkish Republic Identity Number: …) – Address
REPRESENTATIVE : Lawyer's Name and Surname – Address – Telephone
DEFENDANT : No Opponent
SUBJECT : The client's request to exercise their right to refuse guardianship pursuant to Article 417 of the Turkish Civil Code.

Honorable Court,

My client, …, was appointed as guardian of a person named … by a court decision served on …/…/…. However, due to my client's current family and social situation, economic conditions, the fact that he/she is also performing another guardianship duty, and health problems, it has become impossible for him/her to properly fulfill this duty. Therefore, he/she wishes to exercise the right to "refuse to assume guardianship" as explicitly stipulated in Article 417 of the Turkish Civil Code.

It is clear from the case file and the relevant guardianship decisions that my client is currently acting as guardian for his brother, ..., and is diligently fulfilling this responsibility. At the same time, my client's demanding professional life and medical reports make it difficult to carry out this duty. Guardianship is an institution that requires a high degree of responsibility and time, both legally and practically. It is established that my client cannot adequately fulfill these responsibilities, and this gives rise to the right to refuse guardianship under Article 417/4 of the Turkish Civil Code.

The 18th Civil Chamber of the Supreme Court of Appeals has established in its precedents that the right to refuse guardianship should be granted to individuals for whom it has been clearly demonstrated that the guardianship duties cannot be performed properly (Supreme Court of Appeals, 18th Civil Chamber, Case No. 2014/2357, Decision No. 2014/6231). In accordance with this precedent, my client's request should be accepted.

EVIDENCE:

1. Population registration records

2. Current guardianship decisions

3. Medical reports and documents showing workload

4. Witness statements and other legal evidence

LEGAL GROUNDS:
Turkish Civil Code Articles 413, 417, 418 and related legislation.

CONCLUSION AND REQUEST:
For the reasons stated above, and because my client is unable to adequately fulfill his/her guardianship duties due to legal and factual obstacles, I respectfully request and demand, on behalf of my client, that the court grant his/her right to refuse guardianship pursuant to Article 417 of the Turkish Civil Code and exempt my client from the guardianship duties assigned to the aforementioned person.

…/…/…
Plaintiff's Attorney
Name and Surname
Signature

                                                                                                                           YAĞMUR YORULMAZ, LAW FACULTY STUDENT