Sample Response To Guardianship Case
COURT OF PEACE
FILE NO.: E.
RESTRICTED CANDIDATE:
ATTORNEY:
PLAINTIFF:
ATTORNEY:
SUBJECT: Response to the lawsuit and submission of evidence.
EXPLANATIONS:
In the case file referenced above, the plaintiff claims that the client is not of sound mind due to his age and circumstances, is unable to manage his personal affairs, is highly susceptible to deception, and has squandered his assets for these reasons. The plaintiff therefore requests to be appointed as the client’s guardian. We do not accept the plaintiff’s request to be appointed as guardian of the client as unjust, motivated by financial gain, and malicious. This is because:
Contrary to the plaintiff’s claims, the client is mentally capable of continuing his life independently, has no physical disabilities, and is therefore not in need of protection or care. The plaintiff’s claims are contrary to the truth and are entirely abstract. Because,
Upon your court’s request in the memorandum dated ../../2022 sent to the District Gendarmerie Command, “to investigate whether there is a conflict of interest between the restricted candidate and the guardian candidate and whether there is any objection to the guardian candidate being appointed as guardian to the restricted candidate,” … the District Gendarmerie Command conducted an investigation and, in a report dated ../../2022, determined that “there is a conflict of interest between the restricted candidate and the guardian candidate and that the appointment of the guardian candidate as guardian for the restricted candidate is objectionable and inappropriate.”
Again, in the memorandum dated ../../2022 written by your court to the District Gendarmerie Command, 2022, requesting that “the reasons for determining that there is a conflict of interest between the plaintiff and his father, who is the restricted candidate, and that his appointment as guardian would be inadvisable be stated, the sources of information be indicated, the nature of the conflict of interest be determined, and the events in which their interests conflict be identified…” As a result of the investigation conducted by the District Gendarmerie Command, the minutes dated ../../.2022 were prepared, stating that “……. And … According to the information obtained from the individuals named above, the conflict between the individuals stems from a dispute over the division of inheritance between the father and son, and the plaintiff may have filed this lawsuit because the defendant, who is a restricted ward, donated a piece of land belonging to him to an association. It has been determined that the defendant is of sound mind and has no physical disabilities …
As clearly evident from the investigations conducted by your court, there is a conflict of interest between the plaintiff and the defendant due to the dispute over the division of the inheritance. the plaintiff, taking advantage of the defendant’s absence abroad, has filed this lawsuit with the aim of rendering the defendant legally and practically ineffective and freely disposing of the defendant’s movable and immovable property. Moreover, it is well-known among all circles that the plaintiff views the defendant solely as a source of financial gain and constantly attempts to extract money from the defendant. The plaintiff’s intention is far from being a guardian.
Although a letter has been sent to Elmalı State Hospital requesting a Medical Board Report from your honorable court, we request that the Medical Board Report to be prepared for the client be obtained from a fully equipped health institution in Antalya that specializes in the subject matter. The representative will be coming to Turkey in the coming days, and when the representative arrives, we request that the court refer the client to a fully equipped hospital with expertise in the relevant field, as determined by the court. Considering the plaintiff’s bad faith and the benefit they aim to gain by filing this case, it would be more appropriate to obtain a report from a hospital located in the province to which the plaintiff belongs, rather than in the district where they currently reside, in order to ascertain the material truth.
In conclusion, the client’s mental health is in excellent condition, and he is capable of managing his own affairs without requiring any assistance for his protection or care. The client is healthy enough to spend part of the year in Germany and part in Turkey, and he also has the freedom of movement. The fact that he undergoes certain medical treatments does not imply that his mental health is impaired. Furthermore, considering the assets registered in the name of the client, the fact that he has donated only two of his properties does not lead to the conclusion that this will cause him or his family to fall into poverty. For these reasons, the plaintiff’s lawsuit, which is based on abstract claims and filed in bad faith without legal grounds, must be dismissed.
LEGAL GROUNDS: Turkish Civil Code, Turkish Commercial Code, Turkish Code of Civil Procedure, and all other relevant legislation.
EVIDENCE:
Population Records,
Land Registry Records,
Bank Records,
Expert Witness,
Health Board Report,
Witness,
Oath and all other types of legal evidence.
CONCLUSION: For the reasons explained above and to be taken into consideration ex officio, with our claims for excess and other legal rights reserved;
We request that the Medical Board Report to be prepared be obtained from a fully equipped hospital deemed appropriate by your court, which has expertise in the subject matter,
The dismissal of the unfounded and legally baseless lawsuit,
The decision to leave the litigation costs and attorney’s fees on the plaintiff.
With respect…/../..
Limited Candidate’s Representative
Attorney
