… MAGISTRATE LAW COURT
FILE NO: E.
RESTRICTED CANDIDATE :
PROVISIONAL :
PLAINTIFF :
DEFENDANT :
SUBJECT : Response to the lawsuit and presentation of our evidence.
EXPLANATIONS :
In the above-mentioned file of your court, the plaintiff claimed that the client is mentally unstable due to his age and his experiences, that he cannot even fulfil his personal affairs, that he is very convenient to be deceived, that he has melted his assets for these reasons, and requested that he, as the plaintiff, be appointed as the guardian of the client. We do not accept that the plaintiff’s request to be the guardian of the client is unfair, aimed at gaining financial benefit and is malicious. Namely;
Contrary to the claims of the plaintiff, the client has the mental health to continue his life on his own and does not have any physical disability, so he is not in need of protection and care. The plaintiff’s allegations are untrue and completely abstract allegations. This is because
Upon the request of your court to “…investigate whether there is a conflict of interest between the restricted candidate and the guardian candidate and whether there is any inconvenience in appointing the guardian candidate as the guardian of the restricted candidate” with the letter dated ../../2022 written by your court to the … District Gendarmerie Command, an investigation was carried out by the … District Gendarmerie Command and . ./…/2022 dated report, it was 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 to the restricted candidate is inconvenient and not appropriate…”.
Again, with the writ dated …/../2022 written by your court to the … District Gendarmerie Command, it was requested to “…notify the reason for the determination that there is a conflict of interest between the plaintiff and his father, who is a restricted candidate, and that it would be inconvenient to be appointed as a guardian, to specify from whom information was received, to determine what the conflict of interest is, in which event their interests are in conflict…”, and with the report dated ../../.2022 prepared as a result of the research conducted by the … District Gendarmerie Command, it was determined that “……. and …, it has been determined that the conflict between the parties arises from the dispute in the inheritance sharing between the father and son, that the plaintiff may have filed this lawsuit because the defendant, who is a restricted candidate, donated a land belonging to him to an association, that the defendant is mentally healthy and has no physical disability …”.
As it can be clearly understood from these investigations conducted by your court, there is a conflict of interest between the plaintiff and the defendant due to the dispute in the inheritance sharing between the plaintiff and the defendant, and the plaintiff, taking advantage of the presence of the attorney abroad, has filed the present lawsuit in order to neutralise the attorney de facto and legally and to freely dispose of the movable and immovable property belonging to the attorney. Moreover, it is known by all circles that the plaintiff sees the client only as a material thing and constantly tries to extort money from the client. The purpose of the plaintiff is far from being a guardian.
Although your honourable court has written to the Elmalı State Hospital for a Medical Board Report, we request that the Medical Board Report to be issued for the client be obtained from a full-fledged health institution in Antalya, which has expertise on the subject. The proxy will come to Turkey in the coming days, and when the proxy arrives, an application will be made to your honourable court, and we request that he be referred to a full-fledged hospital with expertise in the subject matter to be appreciated by your court. Considering the bad faith of the plaintiff and the interest of the plaintiff in filing the present lawsuit, it would be more appropriate to obtain a report from a hospital located in a province other than the district where the plaintiff currently lives, in order to reach the material truth.
In conclusion, the client is of sound mental health and is able to manage his own affairs without the need for any assistance for his protection and care. The client is healthy enough to spend part of the year in Germany and part of the year in Turkey and has the freedom of movement. The fact that he has undergone some health treatments does not mean that he has lost his mental health. In addition, when the assets registered in the name of the attorney are taken into consideration, it cannot be concluded that the fact that he donated only two lands will put himself or his family into poverty. For these reasons, the lawsuit filed by the plaintiff in bad faith with abstract allegations that lack legal basis should be dismissed.
LEGAL GROUNDS : TMK, TBK, HMK and all other relevant legislation
EVIDENCE :
Population Records,
Land Registry
Bank records,
Expertise,
Health Board Report,
Witness,
Oath and any other legal evidence.
CONCLUSION : For the reasons explained above and to be taken into consideration ex officio, without prejudice to our further claims and other legal rights;
The Medical Board Report to be issued should be obtained from a full-fledged hospital to be appreciated by your court with expertise on the subject,
Rejection of the unfair and legally groundless lawsuit,
We request that the judicial expenses and attorney fee be decided to be left on the plaintiff.
Sincerely…/../…
Restricted Candidate Representative
Lawyer
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