Background
The underlying compensation action was decided by the Ankara 9th Commercial Court of First Instance on April 16, 2026. One plaintiff, born on September 25, 2006, had been represented during the proceedings through a power of attorney granted to counsel by the plaintiff’s parent acting as legal guardian.
The plaintiff reached adulthood on September 25, 2024, terminating the guardianship relationship before the trial court issued its judgment. The record contained no power of attorney personally granted by the now-adult plaintiff to counsel. Nevertheless, the judgment was served on that counsel, who then filed the appeal.
The Court’s Holding
The 35th Civil Chamber did not address the merits of the compensation claim or the appeal. It returned the record to the trial court so that the defect concerning counsel’s authority and the related appellate procedure could be resolved.
The Chamber directed the trial court to serve counsel with a notice granting a definite period to submit any power of attorney issued by the adult plaintiff. If none is timely produced, the trial judgment must be served directly on the plaintiff, who must also be asked whether the plaintiff approves the appeal petition filed by counsel. After the applicable appeal period has elapsed, the record must be sent back to the Regional Court of Appeal in all events. The Chamber acted unanimously after an examination on the record under Article 352 of the Code of Civil Procedure.
Key Takeaways
- A power of attorney granted by a parent acting as guardian does not establish counsel’s continuing authority after the represented child reaches adulthood.
- An appellate court may return the record without reaching the merits when counsel’s authority to appeal for an adult plaintiff has not been documented.
- If the adult plaintiff does not provide a power of attorney, the judgment must be served personally and the plaintiff must be asked whether the appeal filed by counsel is approved.
Why It Matters
The decision highlights a procedural transition that can arise when a minor becomes an adult while litigation remains pending. Counsel and trial courts must ensure that representation is supported by the adult party’s own authorization rather than relying solely on authority previously conferred by a guardian.
It also shows that defective proof of authority does not automatically produce a merits ruling on the appeal. The trial court must first provide an opportunity to document authority or obtain the adult plaintiff’s position and then allow the relevant appeal period to run.