Restriction and appointment of a guardian
Assessment of the ground for protection, the person’s condition, and the hearing and report requirements.
Review the scope
PROTECTION OF THE PERSON AND ASSETS
Guardianship Law, Guardians and Curators
Legal support in restriction of legal capacity (kısıtlama), the appointment and replacement of a guardian, permissions, accounts, the lifting of guardianship, and curatorship proceedings concerning persons.
Guardianship does not call for the same protective route in every situation
Guardianship (vesayet) is an institution aimed at protecting the person and the assets of minors who are not under parental custody and of adults whose legal capacity is restricted under the conditions set by law. A curator (kayyım) may be appointed for a specific matter or for specific assets; statutory advisorship (yasal danışmanlık) is a different means of protection. Old age, disability or a dispute within the family is not, on its own, treated as an automatic ground for restriction.
We assess requests for restriction and the appointment of a guardian, the replacement of an existing guardian, court permissions, accounting matters, and the lifting of guardianship once the need for protection has ended. This page concerns guardianship and curatorship relating to individuals. A lack of company organs, commercial management, or trusteeship over a company in a criminal investigation fall under a separate legal scope.
TIME LIMIT AND DOCUMENT CHECK
Tell us if there is an urgent transaction or a risk to the assets
If there is a pending case, an inheritance transaction, a bank transaction or a risk of loss to the assets, share the date of the transaction and the existing decision. The necessary interim protection or representation solution is assessed by the court. Kinship does not, on its own, give authority to sign on a person’s behalf or to use an account.
Phone and contact informationWhat kind of legal support are you looking for?
By choosing the heading that suits your need, you can review the scope of the service and the topics covered in the initial assessment.
Choice and replacement of the guardian
Objection to the appointment, conflict of interest, removal from office and the need for a new guardian.
Review the scopePermissions and asset transactions
Preparing permission requests for immovable property, leases, litigation, inheritance and other significant transactions.
Review the scopeAccounts and supervision
Asset records, income and expense accounts, reports and handover at the end of the office.
Review the scopeCuratorship concerning persons
Representation in a specific matter, conflict of interest and the need for management.
Review the scopeLifting of guardianship
The ground for protection ceasing to exist, termination and steps after the decision.
Review the scopeThe difference between a guardian, a curator, a statutory advisor and an agent
The need for protection and representation is assessed through the specific transaction, without restricting the person’s rights unnecessarily.
| Route | Main purpose | Source / limit of authority |
|---|---|---|
| Guardian’s office | The personal and property interests of the minor or the restricted person | The law, the appointment decision and the required court permissions |
| Representation curatorship | A need for representation in a specific matter, or a conflict of interest | The matter and scope stated in the appointment decision |
| Management curatorship | Protection of assets left without management | A statutory ground and the task set by the court |
| Statutory advisorship | Protective participation / management in specific transactions | The authority set out in the law and in the decision |
| Power of attorney | Authorization by the person’s own will | A valid power of attorney and capacity requirements |
| Company trusteeship | A special management or representation problem concerning a company | Outside this page; the relevant commercial / criminal regime |
The appointment of a curator for a person does not, in every case, remove the capacity to act. Nor does a decision appointing a guardian mean unlimited authority for all transactions.
Legal basis: Law No. 4721, Turkish Civil Code
Service areas and legal processes
Advice, application preparation and dispute follow-up are assessed together, according to the nature of the request, the position of the parties and the stage of the relevant transaction.
Restriction and appointment of a guardian
Determining the need for protection
The statutory grounds for restriction that apply to minors who are not under custody and to adults are assessed separately. The person’s ability to manage daily and financial affairs, the need for protection and the concrete data relating to the statutory ground are examined. The mere preferences or financial expectations of family members are not accepted as sufficient for restriction.
Application, hearing and medical board
The reason for the application, the place of residence, existing decisions and information on a suitable guardian candidate are prepared. Where restriction is based on mental illness or mental weakness, the requirement of an official medical board report is taken into account. The procedure for the hearing and the examination depends on the ground; neither a statement prepared by the family nor every medical report serves the same legal function.
Legal basis: Law No. 4721, Turkish Civil Code · Law No. 6100, Code of Civil Procedure
Choice of guardian, objection to the appointment and replacement
Suitability of the guardian candidate
The candidate’s ability to perform the duty, relationship with the person, conflicts of interest and statutory obstacles are examined. The views of the person and of those concerned are assessed within the framework of the applicable conditions. A close relative’s request to become guardian does not, on its own, create an acquired right; the appointment is made by the court on the basis of the interest of the person to be protected.
Objection, removal and new appointment
The available remedies, notifications and time limits concerning the appointment decision are checked. Where the duty is neglected, authority is abused, there is a conflict of interest or the duty cannot be performed, the need for a change and for an interim measure is assessed. Replacing the guardian and lifting guardianship altogether are different requests.
Legal basis: Law No. 4721, Turkish Civil Code
Court permissions and significant transactions
Permission of the guardianship authority
The permission required for the purchase and sale of immovable property, pledges, certain lease transactions, bringing a lawsuit, settlements and other significant transactions is determined. The suitability of the request to the interest of the person, and its price and conditions, are documented. In particular for the sale of immovable property, the permission and the procedure to be applied to the sale are examined separately; the provisions in force at the date of the transaction are taken into account.
Supervisory authority and prohibited transactions
In cases provided for by law, the permission of the supervisory authority is required in addition to that of the guardianship authority. Transactions such as the acceptance or disclaimer of an inheritance, adoption, or a contract to be concluded with the guardian are assessed specially. Obtaining permission does not by itself make a legally prohibited transaction possible; the type of transaction and the limit of representation are checked from the outset.
Legal basis: Law No. 4721, Turkish Civil Code
Asset management, reports and accounting
Separating and documenting the assets
After the appointment, the identification of the assets, the income and expense arrangement, necessary bank transactions and the keeping of records are assessed. The assets of the person under guardianship are not mixed with the guardian’s personal assets. Use, payments and dispositions are documented within the person’s interest and the limits of the court decision.
Periodic accounts and handover at the end of the office
The report and account periods set by the court, requests for further documents and the implementation of permission decisions are monitored. When the office ends, the final report, the account and the handover of the assets are prepared. The end of the guardian’s office does not mean that liability arising from earlier transactions disappears automatically.
Legal basis: Law No. 4721, Turkish Civil Code
Representation and management curatorship
Representation for a specific matter
Statutory situations are assessed, such as the person’s being unable to handle an urgent matter personally or to appoint a representative, an obstacle affecting the legal representative, or a conflict of interest. The need for a representation curator is investigated in cases and transactions in which the interests of a child and a parent, or of a restricted person and a guardian, conflict. The request is limited to the specific matter to be handled and the authority required.
Management of assets and limit of scope
The need for a management curator is examined for assets left without management, a person who cannot be found, or other statutory situations. The authority of the appointed curator is determined by the scope of the decision; general guardianship authority is not presumed. Requests for a curator based on company management or a criminal investigation are separated from this personal protection service and referred to the relevant area of law.
Legal basis: Law No. 4721, Turkish Civil Code · Law No. 6100, Code of Civil Procedure
Guardianship and personal representation for convicted persons
Current conditions for restriction
An adult who is in a penal institution for the execution of a final prison sentence may be placed under restriction, or have a curator appointed, at his or her own request. Where final prison sentences totaling five years or more are being executed, restriction may be considered, even without the person’s request, if it is deemed necessary to protect the person or the assets. The court hears the convicted person before the decision.
Preventing the assumption of automatic restriction
A prison sentence or pretrial detention does not, on its own, mean that a guardian will automatically be appointed for everyone. The state of enforcement, the request, the need for protection and the scope of the required transaction are examined separately. The lawful end of imprisonment or the other conditions for lifting in the law are assessed under the current Article 471 of the Turkish Civil Code (TMK).
Legal basis: Law No. 4721, Turkish Civil Code
Lifting of guardianship and end of the office
End of the ground for protection
Whether the cause that required guardianship has ceased to exist is assessed on the basis of the applicant’s situation and the necessary evidence. In lifting a restriction based on mental illness or mental weakness, the legal conditions of a new official medical board examination are taken into account. A statement of recovery does not by itself remove the existing decision.
Steps after the decision
The reflection of the lifting or termination decision in the relevant records, notification of institutions, the final account and the handover of the assets are assessed. The end of guardianship, the expiry of the guardian’s term of office and the completion of the task given to a curator are different legal situations. The file is prepared within the framework of whichever of these the request concerns.
Legal basis: Law No. 4721, Turkish Civil Code
Competent authority, application and related cases
Guardianship and supervisory authority
In public guardianship (kamu vesayeti), the guardianship authority is the civil court of peace (sulh hukuk mahkemesi) and the supervisory authority is the civil court of first instance (asliye hukuk mahkemesi). Territorial jurisdiction and the relevant special provisions are examined according to the person’s situation. A link with a family dispute does not turn all guardianship matters into matters within the jurisdiction of the family court.
Litigation, foreign element and protection
In a related parentage, inheritance or asset case, how the person is to be represented and whether a separate permission is needed are determined. If there is a foreign element, the applicable law, the jurisdiction of the Turkish courts and the effect of a foreign decision are assessed separately. An interim protection request is prepared with concrete risk and documents; a court decision or the duration of a procedure is not guaranteed.
Legal basis: Law No. 4721, Turkish Civil Code · Law No. 6100, Code of Civil Procedure · Law No. 4787 on the Establishment, Duties and Trial Procedures of Family Courts · Law No. 5718 on Private International Law and Procedure
A practical guide for the initial assessment
The checks below help you prepare for the consultation and set the priorities in your file.
Which protective route should be considered?
The starting point is the person’s concrete need, not a title within the family.
| Situation | Initial assessment |
|---|---|
| A continuing need for protection and representation | Statutory ground for restriction and guardianship |
| An obstacle to representation in a single transaction | Representation curator and the limit of authority |
| Conflict of interest with the representative | The need for independent representation |
| Assets left without management | Management curatorship or suitable protection |
| A reduced need for protection | Conditions for lifting, or for a more limited route |
Legal basis: Law No. 4721, Turkish Civil Code
Before acting as a guardian
Do not treat the appointment decision as a general permission for every transaction.
| Check | Information to prepare |
|---|---|
| Decision and office | Appointment, term of office and scope |
| Nature of the transaction | Sale, lease, lawsuit, inheritance or another transaction |
| The person’s interest | The necessity of the transaction, its price and alternatives |
| Permitting authority | The guardianship authority and, where required, the supervisory authority |
| Records and accounts | Documentation of the transaction and submission of its account |
Legal basis: Law No. 4721, Turkish Civil Code
In a request for change or lifting
Show the existing decision and the changed situation together.
| Document / event | Assessment |
|---|---|
| Existing decision | Ground for guardianship and scope of authority |
| Changed situation | Health, need for protection or an obstacle to the office |
| Concrete record | Report, account, transaction or notification |
| Risk | Harm to the person or assets that may arise from delay |
| Request | Change of guardian, permission, measure or lifting |
Legal basis: Law No. 4721, Turkish Civil Code · Law No. 6100, Code of Civil Procedure
Legal areas connected with personal protection
Guardianship is not approached as a sector service, but in connection with the person’s needs.
Family and child relations
Protection of minors outside custody and the need for representation.
Review the related areaInheritance and the estate
Inheritance shares, disclaimer or acceptance, and transactions involving a conflict of interest.
Review the related areaPersons and civil registry matters
Applications connected with personal status, capacity and records.
Review the related area
How do we handle your file?
At the first consultation, we determine the legal nature of the request, the existing documents, the missing information and the need for priority action. The scope of the consultation and of the work that follows it are agreed separately.
Determining the need for protection
The person’s situation, the existing decision, the required transaction and urgent risks are separated out.
Authority and document preparation
The competent authority, the representative, health / account documents and the required permissions are identified.
Submitting the request
The request for restriction, appointment, curatorship, permission, change or lifting is prepared with its grounds.
Follow-up of the decision and its implementation
The scope of the permission, the accounting duty, institutional procedures and next steps are followed.
Antalya-based work and follow-up across Türkiye
Güneş & Güneş Law Firm, founded in Kemer on March 18, 1999 and based in Antalya since 2007, provides advisory and representation services for legal needs in all 81 provinces of Türkiye. Depending on the location and nature of the file, a work plan is set up through an in-person or online meeting.
In matters involving a foreign element, transactions under Turkish law are assessed. Where a transaction is needed in another country, the engagement of a local legal adviser, that adviser’s authority and the scope of fees are agreed separately.
What should you prepare before the consultation?
A short summary showing the subject and the time limit is enough to begin with. Documents you do not have can be identified after the initial assessment.
In the first application
- Which transaction you want to carry out for yourself or a relative, and your relationship with the person.
- The province where the person is located, whether there is an existing guardian / curator decision, and the date of any urgent transaction.
- Your request: appointment, permission, change, accounts or lifting of guardianship.
Documents reviewed when necessary
- The existing decisions on restriction, appointment of a guardian / curator, permission and supervision.
- Civil registry and residence records to the extent necessary; the relevant official medical board documents.
- Title deed, bank, income / expense, lease or inheritance documents relating to the transaction.
- Accounts and reports, notifications and, if any, records showing the alleged breach of duty.
- In an application connected with imprisonment, the decision and the relevant documents showing the state of enforcement.
You do not need to send an identity number, a medical report, records relating to children or the whole file with your first application. Shared information is handled only for the purpose of legal assessment and to the extent necessary. Detailed documents are requested once the need and a secure sharing method have been determined. Review our approach to confidentiality and information security. Get information on secure document sharing.
Fees, scope and contact
The attorney’s fee is determined by taking into account the scope of advice, application, contract work or litigation, and the effort the work requires. The fee, costs and, where applicable, expert, translation, notary or outside adviser expenses are disclosed before the engagement; the work undertaken is defined in writing.
A first response to your consultation request is given within 48 hours. This response does not mean that the file has been reviewed in full or that a representation relationship has been established. If there is an approaching time limit for an objection or a lawsuit, state it at the beginning of your application; do not wait for a response for time-limited steps.
Frequently asked questions
Is a guardian appointed for everyone who is elderly?
No. Age alone is not an automatic ground for restriction. The person’s ability to manage his or her affairs, the request and the statutory conditions for protection are assessed.
Does a disability report directly replace a guardianship decision?
No. A health or disability report and the court’s restriction and appointment decision are different things. Reports appropriate to the ground for restriction and the conditions of judicial examination are assessed separately.
Do a guardian and a curator have the same powers?
No. The duties of a guardian and a curator are different. A curator’s authority is assessed on the basis of the specific matter or assets and the scope of the appointment decision.
Is being a close relative enough to sign on a person’s behalf?
It is not. There must be a valid power of attorney, custody, guardianship, curatorship or another statutory power of representation and, where required, permission for the transaction.
Can a guardian sell all immovable property freely?
No. The person’s interest, court permission and the special procedure for the sale are examined. The provisions in force and the transitional provisions at the date of the transaction must also be checked separately as to the procedure to be applied.
Does a guardian need permission to disclaim an inheritance?
Transactions such as the acceptance or disclaimer of an inheritance are subject to the special permission regime in the law. The powers of the guardianship and supervisory authorities and the time limits relating to the inheritance are assessed together.
What can be done if a guardian abuses the office?
An application to the competent authority, a measure and the need for removal or replacement are assessed on the basis of concrete records showing the breach. If imminent harm exists, this risk must be stated clearly in the application.
Does guardianship end when the guardian changes?
No. A change of guardian replaces the person carrying out the representation. Lifting guardianship requires a separate assessment of whether the ground for protection has ended.
Is a guardian automatically appointed for everyone who receives a prison sentence?
No. Under the current Article 407 of the TMK, the state of enforcement, the person’s request, the length of the sentence and the need for protection matter. The former account of automatic restriction cannot be applied to all convicted persons.
Does the appointment of a curator prevent all of the person’s transactions?
Not in every case. The type and ground of the curatorship and the scope of authority set by the court must be examined.
Does this page also cover company trusteeship?
This page concerns protection, representation and asset management relating to individuals. Company trusteeship arising from a lack of company organs or from a criminal investigation is assessed separately under a commercial / criminal scope.
Do I apply to the family court for guardianship?
In public guardianship, the guardianship authority is the civil court of peace and the supervisory authority is the civil court of first instance. The existence of a related family case does not remove the distinction between their jurisdictions.
Is a petition alone enough to lift guardianship?
An examination and documents showing that the ground on which the request is based has ceased to exist are required. For a restriction based on a health reason, the conditions of the relevant official report are also assessed.
Should I send health and bank records in my first message?
No. At first, a short summary of the need, the existing decision and the urgent dates is enough. Detailed records are requested to the extent necessary and once a secure sharing method has been determined.
Related legal services
Family Law
Family disputes connected with custody and personal protection.
Inheritance and Estate Law
Inheritance transactions that require permission and representation.
Real Estate Law
Transactions concerning the immovable property of a person under guardianship.
Company Law
Separate assessment of curatorship arising from company management and a lack of company organs.
Parentage, Paternity and Adoption Cases
Representation curator for the child in a parentage case
Legislation and information
This page has been prepared for general information purposes. The official sources below were checked on October 4, 2026 as part of content preparation. The rule to be applied, the transitional provision, the competent authority and the time limit are assessed separately according to the date of the transaction and the circumstances of the specific case. The text is not a legal opinion or a commitment as to results for any particular file.
- Law No. 4721, Turkish Civil Code (opens in a new tab)
Guardianship: Article 396 et seq.; in particular Articles 397, 403–409, 426–431, 444, 462–464 and 471–474. The amendments made by Law No. 7499 to Articles 407 and 471, and the note on the amendment to Article 444 that will enter into force on 31.10.2026, must be checked separately on the date of the transaction.
- Law No. 6100, Code of Civil Procedure (opens in a new tab)
Non-contentious jurisdiction and related procedural provisions.
- Law No. 4787 on the Establishment, Duties and Trial Procedures of Family Courts (opens in a new tab)
Jurisdiction of the family court and the distinction between its scope and that of guardianship matters.
- Law No. 5718 on Private International Law and Procedure (opens in a new tab)
Foreign element, applicable law and the effect of a foreign decision.
Let us determine the need for protection or representation together
Share the transaction to be carried out, the existing decision and, if any, the urgent date. Let us assess the suitable legal route and the necessary documents.