Legal Protection of the Assets of Elderly Persons and Persons in Need of Care: Title Deeds, Powers of Attorney, Guardianship and Court Actions

The basic principle in protecting an elderly person’s assets: autonomy and effective legal protection

Old age does not remove the right of ownership and disposal

Under Articles 17, 20 and 35 of the Constitution, a person’s material and spiritual existence, private life, and rights of property and inheritance are protected. Articles 9–15 of the Turkish Civil Code (TMK) set out the conditions of capacity to act. That an elderly person needs physical support does not mean that he or she cannot sell a home, cannot use his or her money, or cannot decide who will provide care. Legal protection must be provided without unnecessary interference with the person’s freedom to make his or her own decisions.

Transactions that are risky for the person’s assets

• Presenting a transfer of real estate as a sale at a price that was never actually paid, or as a gift, or transferring it in return for care.
• Executing a power of attorney containing unlimited powers of sale, mortgage, collection and banking, with the attorney-in-fact transferring the price to himself or herself or to a relative.
• Unauthorised cash withdrawals, remittances, internet banking or card transactions from bank accounts.
• Concluding a contract, a title deed transaction or a power of attorney on a date when there is concrete doubt about the person’s mental state.
• Duress, fraud, pressure from relatives, and exploitation of economic and emotional dependence.
• A guardian or curator acting in a conflict of interest; real estate being sold without the required court permission.

The legal nature of these transactions differs. Close kinship or a low sale price is not, on its own, proof of simulation (muvazaa) or of a criminal offence; but these are facts that must be examined together with other evidence.

Three separate legal stages

While the elderly person is alive, protection is provided through his or her own will and through appropriate representation; when a suspicious transaction has taken place, the remedies of invalidity, rescission, restitution, interim measures and damages come into play; and after the person’s death, the status of heir and the legal position of the estate may make new claims possible. These three stages cannot be used in place of one another.

Capacity to act, capacity of discernment and the evidentiary value of medical reports

Assessing capacity of discernment by reference to the transaction and its date

Under TMK Article 10, an adult who has capacity of discernment and is not under restriction has capacity to act. TMK Article 13 sets the criterion of the ability to act reasonably; TMK Article 15 is the basic rule on the legal consequences of the acts of a person lacking capacity of discernment. The assessment is made as of the date on which the real estate sale, power of attorney, gift or other transaction was made, and according to the nature of the transaction. A dementia diagnosis made later, or a restriction order issued later, does not by itself prove the invalidity of an earlier transaction.

Dementia, Alzheimer’s and other illnesses are not automatic incapacity

The medical name of an illness and legal capacity of discernment are not the same thing. The severity and course of the illness, the person’s ability to understand and evaluate the transaction concerned, and the circumstances at the time of the transaction are examined together. Moreover, limitations of hearing, sight and mobility are not in themselves treated as mental inadequacy. The comprehensive neurological and forensic-medical details of this subject belong to the separate guide Old Age, Dementia and Capacity to Transact; here, the basic criterion that determines litigation strategy is explained.

Medical documents and retrospective expert assessment

• Neurology, psychiatry, family medicine and hospital records from before and after the transaction should be collected in chronological order.
• Prescriptions, hospital admissions, cognitive tests and expert assessments should be reviewed once health data has been obtained lawfully.
• Notarial and title deed transaction documents should be reviewed with regard to how the person obtained information, explained his or her wishes and signed at that moment.
• Witnesses should be distinguished according to whether they personally saw the transaction and which concrete facts they know.
• Where necessary, the court obtaining a report from the Council of Forensic Medicine (Adli Tıp Kurumu) on legal capacity at the date of the transaction should be considered.

The existence or absence of a single medical report does not produce a conclusive result in every file. The date the scientific report assesses, its supporting documents, its method and any dissenting opinions are important.

Transactions on real estate and bank accounts through a power of attorney

Power of representation and ownership are separate concepts

Executing a power of attorney does not mean that ownership of the real estate passes to the attorney-in-fact. The scope of the power of representation is examined under TBK Article 40 and following and, for the mandate relationship, Articles 502–513. For sales of real estate, gifts and transactions concerning rights in rem, the special authority and official form requirements are also taken into account.

Designing a preventive power of attorney

A power of attorney can be limited as far as possible by specific real estate, transaction, authority, duration or instruction. The powers of sale, gift, mortgage, collection of price, opening and closing of accounts and transfer of money need not be granted in the same way. The authorities within the power of attorney should be assessed separately in terms of the person’s needs, his or her interests and the statutory special-authority requirements. In addition to the notarial act, notification to the relevant institutions and the management of account access should be considered.

Abuse of the attorney’s duty

Under TBK Article 506, the attorney-in-fact is under a duty to protect the legitimate interests of the principal and to act with loyalty and care. That the attorney-in-fact holds written authority to sell does not mean that he or she may freely use that authority to benefit himself or herself or a relative. The title deed transfer and the flow of the price are assessed by examining comparable values, bank movements, the relationship between the parties and the instructions together.

Unauthorised representation and abuse of authority are different

The complete absence of authority to make the transaction, or the exceeding of it, and the use of existing authority to the principal’s detriment are different legal grounds. Confusing this distinction in the statement of claim may adversely affect proof and the relief sought.

Good faith of the first transferee and of later transferees

If the person who dealt with the attorney-in-fact did not know that the duty under the power of attorney was being abused, and could not have known even had he or she shown the care expected, the effect on the third party of the internal breach between the attorney-in-fact and the principal may be limited. In later transfers, the protection of reliance on the land registry under TMK Articles 1023–1024, wrongful registration and good faith are examined separately. The legal position of the first buyer does not automatically produce a result for every later owner.

Revocation of the power of attorney, dismissal and earlier transactions

Revoking a power of attorney can reduce future risks, but it does not by itself undo past sales. How notice is to be given to the relevant institutions such as notaries and banks, the date on which it takes legal effect and the position of third parties should be monitored. For a past transaction, an action for cancellation of the title deed, a claim, an action for damages or an action for rendering of accounts may additionally be needed.

Protecting the bank account, cards and digital access

The elderly person’s bank account, retirement pension, savings and investment assets do not become the joint property of family members. The legal authority of the person who withdrew money from the account, the instruction given, two-factor authentication, card and password access, transaction times, recipient accounts and the actual use of the money should be examined. The attorney-in-fact’s duty to account and to hand over is important under TBK Article 508. In the case of unauthorised transactions, timely written notice to the bank, preservation of transaction records, an appropriate claim or damages action and, where a criminal offence is suspected, an application to the chief public prosecutor’s office are separate processes. The authority to have a bank account blocked does not arise from family membership alone; a concrete legal basis and, where necessary, a court order are required.

Sale, gift, transfer in return for care, usufruct and right of residence

The true nature of an intra-family real estate transfer

A sale entered in the title deed registry does not conclusively show that the price was actually paid or that there was a genuine intention to sell in every case. Conversely, a close relationship and a low price are not on their own proof of simulation either. Payment records, the values of the real estate, the economic situation of the parties, conduct before and after the transaction and the concrete purpose are examined together.

Distinguishing a gift from a care contract

A genuine gift is, as a rule, gratuitous; a genuine contract of maintenance until death (ölünceye kadar bakma sözleşmesi) under TBK Articles 611–619 is an onerous contract in which the duty of care and supervision constitutes the consideration. Rescission for failure to provide care and simulation in the formation of the contract are not the same allegation. The revocation of a genuine gift is likewise subject to the special grounds in TBK Article 295 and following. The detailed questions of the duty of care, mortgage, rescission and title deed are addressed in the relevant original main article.

The protective function of usufruct or the right of residence

If the person transferring the real estate wishes to continue living in the home or to keep drawing income from the property, usufruct and a right of residence may be considered. Their scope, registration, limits on transfer and use, sharing of expenses and termination are each different. Transferring ownership does not by itself give a right to continue to reside in the property or to receive rental income. An appropriate limited right in rem should be agreed clearly and in a form capable of registration before the transaction.

Related articles: Old Age, Dementia and Capacity to Transact; Cancellation of Title Deed and Re-registration for Lack of Capacity; Usufruct and Right of Residence.

Guardianship, curatorship and statutory advisory arrangements: the least intrusive protection

The grounds for restriction cannot be used in place of one another

TMK Article 405 governs restriction linked to mental illness or mental weakness and the statutory conditions; Article 406 governs mismanagement and other statutory situations; and Article 408 governs the restriction of an adult at his or her own request, on proof that old age, disability, inexperience or serious illness prevents him or her from managing his or her affairs properly. Their requirements of proof and procedure differ. In particular, old age alone, and against the person’s wishes, cannot be construed as an automatic ground for restriction under Article 408.

The guardianship authority, the supervisory authority and the person’s rights

The guardianship authority is the civil court of peace (sulh hukuk), and the supervisory authority is the civil court of first instance (asliye hukuk). Under TMK Article 409, in a restriction based on mental illness or mental weakness, the official medical board report serves as a safeguard. The hearing of the person and his or her participation in the process should be ensured under the relevant legal conditions. Guardianship is not a method for the family to take over the management of assets; it is a judicial institution established for the benefit of the person to be protected.

Interim measures in the guardianship process under TMK Article 420

If the person’s personal or economic interest needs urgent protection before the main guardianship decision has been made, appropriate interim measures may come into play under TMK Article 420. Appointment of an interim representative and protective measures may be considered under the conditions laid down by law. For this, the concrete danger, the necessity, the scope and the proportionality must be explained. Filing a guardianship application does not by itself block all accounts or stop sales of title deeds.

TMK Article 429: statutory advisory arrangement and alternative protection

Where full guardianship is not necessary but there is a need for support and supervision in respect of certain transactions specified by law, the statutory advisory arrangement (yasal danışmanlık) under TMK Article 429 may be considered. This instrument does not automatically bring about all the consequences of guardianship. Whether a legal transaction requires the adviser’s approval, the scope of the statutory advisory arrangement and the concrete decision must be examined to determine this.

Curatorship and conflict of interest

Under TMK Article 426 and following, a curator for representation or management (kayyım) may be required for a particular transaction. Where the interests of the guardian and the protected person conflict, or where the guardian or relatives of the guardian would benefit from a transfer of the person’s assets, the power of representation and judicial supervision must be addressed separately. A guardian is not the owner of the assets of the person under guardianship.

Related articles: Guardianship, Guardians and Curatorship Procedures.

Supervision of the guardian, complaints, permission and sale of real estate

The guardian’s duties of inventory, management and accounting

The guardian must manage the person’s income and expenses in his or her interest and must meet the requirements of an inventory of assets and of rendering accounts. Where it is alleged that assets have been used for other purposes, that accounts have been concealed or that loss has been caused, the inventory, bank records, accounting reports and court decisions in the guardianship file should be requested. Where necessary, measures concerning the guardian’s duties, removal from office and liability in damages may be considered.

TMK Article 461: complaint and the ten-day objection period

A person under guardianship who has capacity of discernment, and every interested person, may complain to the guardianship authority against the acts and transactions of the guardian. Against decisions of the guardianship authority, an objection may be made to the supervisory authority within ten days of notification. It is not correct to present this ten-day period as a general limitation period for bringing an action against every act of the guardian: the subject of the complaint and the decision of the guardianship authority objected to are determined separately.

TMK Articles 462–463: which permission for which transaction?

TMK Article 462 makes the purchase, sale and pledging of real estate and the creation of other rights in rem over real estate subject to the permission of the guardianship authority. The relevant paragraphs must also be examined for borrowing, certain long-term leases, partition of an inheritance and other transactions. For certain types of transaction under TMK Article 463, the permission of the supervisory authority is required in addition to that of the guardianship authority. It cannot be said that the whole of Article 463 applies automatically to every sale of real estate; the type of transaction and the special regime are considered.

TMK Article 444: the electronic sale procedure amended in 2026

TMK Article 444/2, as amended by Article 12 of Law No. 7589 of 16.07.2026, provides for an auction through the electronic sale portal integrated with UYAP in the sale of the real estate of a person under guardianship. The sale must be necessary in the interest of the person under guardianship, and the instruction of the guardianship authority is required. The decision confirming the award is to be given within ten days of the date of the auction.

Electronic auction and confirmation

The current electronic sale procedure must be distinguished from the physical auction system described for the earlier period. The date of the specific transaction, and the amendment and transitional provisions, are researched to determine which procedure applies. The confirmation decision that will serve as the basis for the title deed registration, together with the payment and registration documents, should be examined together.

The exception of sale by negotiation

Under TMK Article 444/3, the supervisory authority may decide on a sale by negotiation, taking into account exceptional special circumstances, the nature of the real estate or its low value. This exception does not mean that the guardian may freely carry out a sale by negotiation according to his or her own preference.

Consequences against a guardian’s irregular transaction

Where it is alleged that the required permission is missing, that there is a conflict of interest, that documents are forged or incomplete, or that the sale price was not safeguarded, the validity of the transaction and the possible title deed, monetary and liability claims are examined separately. The guardian’s transaction, the decision of the guardianship authority, the decision of the supervisory authority and the final entry in the title deed registry must not be confused with one another.

Urgent asset protection routes: title deed, bank, documents and evidence

The risk of a title deed transfer and an interim injunction

If there is a concrete, imminent risk that the real estate will be transferred, the title deed record and transaction documents should be investigated lawfully and, where entitlement and the necessary conditions exist, an interim injunction under HMK Article 389 and following should be requested. The expectation of becoming an heir in the future does not by itself restrict a person’s valid dispositions during his or her lifetime. The conditions of the injunction, its prima facie proof, security, enforcement and objection are determined according to the file. Filing the application does not by itself impose a ban on sale.

Urgent steps concerning the bank account

Investigating account movements in writing, applying to the bank about unauthorised transactions, reviewing card and access authorisations safely and, if necessary, considering an appropriate judicial measure should be assessed. Without the person’s express authority or a right of representation, relatives cannot obtain unlimited access to account information. Transaction data must be obtained lawfully through the bank, the court or the competent authority.

Preservation of evidence, safekeeping of documents and personal data

Title deed transaction papers, a copy of the notarial power of attorney, comparable market value, bank flows, health records, and message and call recordings should be tied to one another on a timeline. Where the conditions are met, preservation of evidence (delil tespiti) under HMK Article 400 and following is considered. Obtaining unlawful audio recordings, account access or health files may give rise to problems of evidence and personal data law.

While the elderly person is alive, who can make which application?

Closeness is not, on its own, a right of representation or of action

The existence of a child, spouse, sibling or another person expected to be an heir in the future does not mean that all rights belonging to a living person can be exercised directly. A person whose legal capacity to transact is intact can bring an action in his or her own name, appoint an attorney-in-fact and make valid dispositions. The standing of other persons to bring an action is examined through a concrete right, statutory representation, power of attorney, guardianship, curatorship or a special statutory provision.

The guardian’s or curator’s standing to sue

For an action to be brought on behalf of a person under guardianship, the capacity of guardian or curator, the special permissions required for the action and any conflict of interest are considered. Under TMK Article 462, certain transactions, such as bringing an action, require the permission of the guardianship authority; statutory exceptions and urgent transactions must also be examined separately.

Later death and the formation of the parties

If the person dies while the action is pending, a new examination is required as regards capacity to be a party and representation. It should not be assumed that the action continues through the previous guardian before the heirs have been identified, the certificate of inheritance obtained, the nature of the rights belonging to the estate determined and the procedural formation of the parties completed.

Types of action: lack of capacity, abuse of a power of attorney, excessive advantage-taking, fraud and cancellation of title deed

Lack of capacity of discernment and invalidity

If it is proven that the person lacked capacity of discernment on the date of the transaction, the legal consequence of the transaction and, where necessary, cancellation of the title deed and re-registration are examined within the framework of TMK Article 15 and the related provisions. If there are later transfers to other persons, the acquisition of rights in rem and reliance on the land registry must also be assessed. Lack of capacity is an allegation of invalidity separate from abuse of the power of attorney.

Abuse of the attorney’s duty

The attorney-in-fact’s breach of the duty of loyalty, whether the buyer acted in good faith, and later transfers are assessed together. If cancellation of the title deed is not possible, the attorney-in-fact’s duty to account and to pay damages, and other monetary claims, may come into play. The relief sought should not be limited to saying “the power of attorney was abused”; it should indicate which result for the person’s assets is being sought.

TBK Article 28: excessive advantage-taking and the time limit

The conditions of a manifest disproportion between the reciprocal performances, and of the exploitation of the injured party’s distress, thoughtlessness or inexperience, are sought together. Depending on the conditions, the injured party may declare that he or she is not bound by the contract and reclaim what he or she has given, or may remain bound by the contract and request that the disproportion be remedied.

The one-year and five-year periods

The one-year period runs from the date on which the thoughtlessness or inexperience is discovered and, in the case of distress, from the date on which that situation ceases. In every case there is a five-year outer limit from the conclusion of the contract. These periods cannot be applied mechanically to an allegation of simulation by the deceased or of lack of capacity.

TBK Articles 36–39: fraud, duress and the period after discovery

In an allegation of fraud or duress, the conduct, its effect on the will, the evidence for it and the period for exercising the right under TBK Article 39 are assessed. A person who, within one year of discovering the mistake or fraud, or, in the case of duress, of the cessation of the effect, has not declared that he or she is not bound by the contract or reclaimed what he or she has given is deemed, under the statutory conditions, to have ratified the contract. A claim for damages on account of fraud or duress may also be assessed separately.

Revocation of a gift and rescission of a care contract

For a genuine gift, the revocation conditions in TBK Article 295 and following are assessed; for a genuine care contract, the special rescission regime in TBK Articles 616–618. Rescission based on inadequate performance of care, on the one hand, and simulation by the deceased at the outset and abatement (tenkis) for the reserved portion, on the other, must not be substituted for one another.

If cancellation of the title deed is not possible, what monetary claims arise?

The rights of a later owner in good faith, the real estate’s having passed out of the person’s hands, or the impossibility of restitution in kind in the action may leave a title deed claim without effect. In that case, depending on the specific case, an accounting and handover claim against the attorney-in-fact, compensation for loss, tort, unjust enrichment or restitution of the money subject to the transfer may be discussed. The legal basis, the debtor, the amount, the start date of interest and the limitation period of a monetary claim must be determined separately. Even if more than one legal ground is argued for the same loss, double recovery must not be claimed.

Rights that heirs can exercise after the person’s death

Opening of the succession and entitlement

Under TMK Article 599, the relationship of heirship and estate arises upon death. The expectation of becoming an heir in the future in respect of a person’s assets during his or her lifetime does not directly give rise to a right of action. After death, it must be assessed whether the right in dispute belongs to the estate, whether the heirs act jointly or in proportion to their shares, and who has standing to sue.

Simulation by the deceased and the genuine purpose of care

The deceased’s concealing a genuine intention to make a gift behind an apparent sale or care contract, and the aim of removing assets from the heirs, are investigated with separate evidence. A genuine onerous care contract does not become invalid merely because it reduces the inheritance shares. The deceased’s entire assets, the values of the real estate as at the date of the transfer, age and state of health, the genuineness of the care relationship and family relations are examined together.

Abatement, reserved portion and equalisation

For dispositions that violate the reserved portion and are by law subject to abatement, TMK Article 560 and following apply; for equalisation claims, the relevant inheritance provisions apply. A genuine onerous contract, a disguised gift and a mixed disposition are subject to different consequences. The time limits and calculations for abatement must not be confused with the time-limit and proof regime of an action for simulation by the deceased.

Claims that pass and do not pass by inheritance

Which of the deceased’s asset-related claims that arose during his or her lifetime pass to the heirs, and which rights strictly personal to the deceased lapse, are distinguished on the basis of the specific legal ground. In particular, it cannot be assumed automatically that rights based on rescission of a care contract and on defects of will can be exercised by the heirs.

Related articles: Cancellation of Title Deed and Re-registration for Simulation by the Deceased; Contract of Maintenance until Death; Inheritance Planning During Your Lifetime; Transfer of Title Deeds between Parents and Children.

The criminal-law dimension and its relationship with the private-law action

In a specific case, acquiring assets by deceptive conduct, using money entrusted to a person for another purpose, forging a legally significant document, having a transaction made under threat or other conduct may give rise to suspicion of a criminal offence. However, non-payment of the price, an intra-family dispute or a breach of contract does not, on its own, constitute the offence of fraud or breach of trust. All the elements of the offence, intent and the evidence must be assessed separately. An application to the chief public prosecutor’s office does not by itself suspend the time limits in the title deed action; nor does a criminal investigation replace a restitution-in-kind decision in private law.

Assets of foreign persons in Türkiye and cross-border transactions

Where the elderly person is a foreign national, lives abroad or executed the power of attorney in a foreign country, or where the heirs are in different countries, the Law on Private International and Procedural Law (MÖHUK), the restrictions on foreigners acquiring real estate, the law governing rights in rem over real estate in Türkiye, consular and notarial acts, apostille or legalisation, sworn translation and the documents of representation are additionally examined. It should not be assumed that a guardianship order or court decision issued in a foreign country automatically confers the same authority in Türkiye. In a specific case, recognition, enforcement, the applicable law and international jurisdiction are determined separately.

Practice table: legal issue, application, evidence and time limit

Each time limit in the table applies only to the application or transaction shown. In particular, no single, unchanging general time limit can be applied to title deed cancellation actions; the legal ground and the relief claimed must be examined.

Evidence plan and the chain of proof in a specific case

Matching the transaction documents by date

The notarial power of attorney, the official title deed, the title deed daily register entries, documents on the market value of the real estate on the date of transfer, bank transfers and handover information should be placed on a single timeline. In this way, the link between the genuine will, payment of the price and later transfers is investigated.

Assessing witness and medical evidence together

What matters is not only the witnesses’ opinions within the family, but the transactions, meetings or care events they personally saw. The retrospective assessment of health reports prepared afterwards should be compared with the source records. Disregarding some of the evidence for and against may lead to a misleading result for both claim and defence.

The defences of the defendant and of the third party

The other side may argue that it paid the genuine price, that the person’s capacity of discernment was intact, that there was free will for the transaction, that the duty of care was performed, or that it acquired the right in good faith. An effective litigation strategy must examine not only one’s own claim but also the strongest opposing defence, and by what evidence that defence can be confirmed or refuted.

A 20-point checklist before a contract or transfer

1. Has it been verified that the person himself or herself wanted the transaction to be made?
2. Has the transaction, with its economic consequences, been explained to the person in an understandable way?
3. Is there any concrete doubt about capacity of discernment on the date of the transaction?
4. Has the required official form and document type been chosen correctly?
5. Is the information on the owner, shares and encumbrances of the real estate up to date?
6. Has a choice among sale, gift and transfer in return for care been made in line with the genuine purpose?
7. Are the transaction price, the account and the payment channel specified?
8. Does the power of attorney contain only the necessary powers?
9. If a representative or his or her relative is acquiring the real estate, has a conflict of interest been investigated?
10. Has the need for usufruct or a right of residence been assessed?
11. Are the performances and the security under the care contract clear?
12. Have representation and digital access been arranged separately for the bank accounts?
13. Is there a restriction order or a statutory advisory arrangement?
14. Have the authority of the guardian/curator and the court permissions been checked?
15. Has the current sale procedure been observed for real estate under guardianship?
16. Are the documents supporting the title deed or bank transaction being kept?
17. Have the foreign element and the translation/legalisation requirements been checked?
18. Have fees, taxes, costs and post-transaction obligations been reviewed?
19. Have possible inheritance and litigation outcomes been assessed through the genuine legal category?
20. Has a framework been set for forward-looking supervision, access to documents and secure storage?

Legal assessment in light of decisions of the Court of Cassation and the Constitutional Court

Sale of real estate without the permission of the guardianship authority

Court of Cassation 1st Civil Chamber (Yargıtay 1. Hukuk Dairesi), 23.10.2014, E. 2014/623, K. 2014/16330. In the passage of the decision that was accessed, it was found that no validity can be recognised for a sale of real estate made without permission by a restricted person while under guardianship. The practical consequence of this approach is that attention must be paid not only to the title deed but also to the permission and representation conditions in the guardianship file. Link to the decision: Court of Cassation 1st Civil Chamber, 23.10.2014, E. 2014/623, K. 2014/16330

A third party’s good faith and abuse of the power of attorney

Court of Cassation 1st Civil Chamber, 09.12.2025, E. 2024/1501, K. 2025/5807. The passage of reasoning that was accessed dwells on the attorney-in-fact’s duty of loyalty together with the legal position of the good-faith person who contracted with the attorney-in-fact. The attorney-in-fact’s breach and the transferee’s acquisition of the right require different examinations. Link to the decision: Court of Cassation 1st Civil Chamber, 09.12.2025, E. 2024/1501, K. 2025/5807

The priority of the capacity examination and the importance of the date of the transaction

Court of Cassation 1st Civil Chamber, 15.05.2025, E. 2024/2586, K. 2025/2577. The passage of the decision that was accessed describes a procedural course in which the person’s legal capacity to transact on the dates of the power of attorney and the sale was to be investigated by a Forensic Medicine assessment. This approach requires that an allegation of lack of capacity be distinguished from an allegation of abuse of the attorney’s duty. Link to the decision: Court of Cassation 1st Civil Chamber, 15.05.2025, E. 2024/2586, K. 2025/2577

Allegation of collusion between the attorney-in-fact and the transferee

Court of Cassation 1st Civil Chamber, 28.02.2023, E. 2023/948, K. 2023/1172. In the passage that was accessed, the matter was assessed in the context of allegations of harm to the principal, of the father–son relationship between the attorney-in-fact and the transferee of the real estate, and of a transfer without consideration. Closeness acquires meaning not by itself but together with the transfer price and the concrete conduct. Link to the decision: Court of Cassation 1st Civil Chamber, 28.02.2023, E. 2023/948, K. 2023/1172

The duration of a guardianship measure is also reviewed in terms of the right of property

Constitutional Court (Anayasa Mahkemesi), Sevim Gergerli, Application No. 2023/65565, 24.12.2025. The application concerns the length of the measures on real estate and a bank account during the guardianship process and the allegation of loss of value of the money in the bank. In the published result table of the decision, a violation was found as to the property-right allegation arising from interim legal protection, while, as to another private-law aspect, the result was non-exhaustion of remedies. A protective measure must not turn into an unlimited and indefinite interference with property. Link to the decision: eski--kararlarbilgibankasi.anayasa.gov.tr

Conclusion

What is decisive in protecting the assets of an elderly person in need of care is not only in whose name the real estate is registered. The person’s capacity at the time of the transaction, his or her free will, the scope of the power of representation, the genuine purpose of the transaction, where applicable the permission of the guardianship authority, and the legal position of third parties must be assessed together.

Protection may begin, while the person is alive, with preventive methods that respect the right of free disposition; if a transaction has taken place, it may continue through invalidity, cancellation of title deed, restitution, damages or an appropriate interim measure. After the person has died, different rights come into play within the framework of the provisions on inheritance, the estate and the reserved portion. Litigation strategy must rest on the right date and evidence as much as on the right legal ground.

Effective legal protection does not mean deciding in place of the elderly person; it means securing together his or her free will, his or her assets and his or her legally protectable interests.

Frequently Asked Questions

Can an elderly person sell his or her home by his or her own decision?

Yes. Old age does not on its own create a bar to sale. Capacity of discernment on the date of the transaction and the other conditions of validity must be present.

Does a diagnosis of dementia or Alzheimer’s automatically invalidate a title deed transaction?

No. Capacity of discernment at the time of the transaction and the medical and legal evidence are examined together.

Can children prevent their mother or father from selling a home?

They cannot do so merely because they will be heirs in the future. If there is a concrete ground for protection, the statutory routes of application may be considered.

Can a home sold through a power of attorney be recovered?

Depending on the authority and good-faith conditions of the specific transaction, cancellation of the title deed and re-registration or damages may come into play; not every breach of a power of attorney results in automatic recovery.

Can a guardian sell the real estate of a restricted person to anyone he or she wishes?

No. The statutory conditions of permission, interest and sale procedure apply. The 2026 amendment of TMK Article 444 must also be taken into account.

Where can a complaint be made about a guardian’s transaction?

A complaint can be made to the guardianship authority under the conditions of TMK Article 461. Against a decision of the guardianship authority, an objection to the supervisory authority is provided for within ten days of notification.

Does filing a guardianship action automatically block the bank accounts?

No. For protection, an interim injunction by the court may be necessary under the specific conditions.

Is a health report always mandatory for a title deed transaction?

It cannot be said that it is automatically mandatory in every transaction. Concrete doubt about capacity and the official procedure applied are considered.

What is the time limit in an action for excessive advantage-taking?

One year from the starting points stated in TBK Article 28, and in every case a five-year period from the conclusion of the contract, is provided.

Can heirs bring an action for simulation by the deceased while the person is alive?

The mere expectation of becoming an heir in the future does not give rise to that right; claims of heirs after death and the routes for protecting a living person are separate.

If the title deed is not cancelled, is the loss left without remedy?

Not always. Depending on the nature of the case, monetary claims such as an accounting, restitution or damages may be examined separately.

Can a suspicious withdrawal of money be the subject of a criminal investigation?

Yes, if the specific conduct constitutes the elements of an offence; but a bank or family dispute is not an offence in every case.

Can a power of attorney executed in a foreign country be used in Türkiye?

The country where the document was executed, the consular or notarial act, legalisation/apostille, translation and the conditions of authority for the transaction must be assessed.

Sources and legal bases

1. Constitution of the Republic of Türkiye, Articles 17, 20 and 35.
2. Turkish Civil Code (Türk Medeni Kanunu) No. 4721, Articles 9–15, 405–429, 441–444, 461–463, 560–571, 599, 1023–1024. For the current Article 444/2, Law No. 7589 of 16.07.2026, Article 12. Access via the official Legislation Information System of the Ministry of Justice. mevzuat.adalet.gov.tr.
3. Turkish Code of Obligations (Türk Borçlar Kanunu) No. 6098, Articles 28, 36–39, 40 and following, 295 and following, 502–513, 611–619. Legislation Information System. mevzuat.gov.tr.
4. Code of Civil Procedure (Hukuk Muhakemeleri Kanunu) No. 6100, Articles 12, 190, 389 and following, 400 and following. Legislation Information System. mevzuat.gov.tr.
5. Law No. 5718 on Private International and Procedural Law (Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun). Legislation Information System. mevzuat.gov.tr.
6. Court of Cassation 1st Civil Chamber, 23.10.2014, E. 2014/623, K. 2014/16330.
7. Court of Cassation 1st Civil Chamber, 09.12.2025, E. 2024/1501, K. 2025/5807.
8. Court of Cassation 1st Civil Chamber, 15.05.2025, E. 2024/2586, K. 2025/2577.
9. Court of Cassation 1st Civil Chamber, 28.02.2023, E. 2023/948, K. 2023/1172.
10. Constitutional Court, Sevim Gergerli, Application No. 2023/65565, 24.12.2025. eski--kararlarbilgibankasi.anayasa.gov.tr.