The “Contract to Care until Death” is a specialized legal arrangement in Turkish law designed to ensure the well-being and support of individuals, often elderly or infirm, until the end of their lives. This unique contract serves as a vital tool for providing comprehensive care, including housing, medical attention, personal assistance, and other essential services. This contract plays a critical role in addressing the needs of vulnerable individuals during their final years, emphasizing the importance of legal protections and ethical caregiving practices.

Typically, the contract involves two main parties: the care recipient and the caregiver, who can be a family member, a professional caregiver, or an institution. This contract outlines the terms and conditions governing the care relationship, including the scope of services, duration extending until the care recipient’s death, financial arrangements, and the rights and responsibilities of both parties.

Meaning of Contracts

In Turkish law, a contract is a legal transaction formed by the mutual expressions of will between two or more parties, which establishes specific obligations for the parties involved. Contracts are regulated under the Turkish Code of Obligations and serve as fundamental building blocks of the legal framework. They govern the relationships between parties and define the rights and obligations within those relationships.

Types of Contracts

Turkish law recognizes various types of contracts, which may differ based on the parties’ expressions of will, the subject matter of the contract, and its objectives. Here are some common types of contracts:

• Sales Contract (Purchase and Sale Agreement): This type of contract regulates the sale and delivery of goods. The primary objective between the parties is the exchange of a specific good for a determined price.

• Lease Contract: A lease contract governs the transfer of the right to use a property or asset for a specific period to a lessee. Lease agreements are commonly used for real estate properties.

• Employment Contract: An employment contract is an agreement between an employer and an employee, outlining the terms and conditions of employment. It specifies the rights and obligations of both parties.

• Service Contract: A service contract is an agreement in which one party undertakes to provide a specific service to another. These contracts can cover a wide range of services, including consulting, transportation, or professional services.

• Partnership Agreement: A partnership agreement is established when two or more individuals decide to form a business partnership and jointly manage a business. It outlines the rights, responsibilities, and profit-sharing arrangements among partners.

• Construction Contract: A construction contract is entered into for the construction of a project or work. It sets out the terms and conditions for the completion of the construction, commonly used in large-scale projects like infrastructure and buildings.

These are just a few examples, as Turkish law encompasses a wide range of contract types. Each type of contract may contain different provisions and clauses depending on the needs and objectives of the parties involved. The establishment and enforcement of contracts in accordance with Turkish law are essential to ensure legal validity and protection of the parties’ rights and obligations.

The “Contract to Care until Death”

In Turkish Law, the “Contract to Care until Death” refers to a unique legal arrangement known as “Ölünceye Kadar Bakım Sözleşmesi” in Turkish. This contract is a specialized agreement that involves the care and support of an individual until their death. It is often used in situations where elderly or vulnerable individuals require assistance and care during their final years. Here are some key aspects of this type of contract:

• Purpose of the Contract: The primary purpose of the “Contract to Care until Death” is to ensure that an individual, typically elderly or infirm, receives the necessary care, support, and accommodation until the end of their life. It may involve the provision of housing, medical care, personal assistance, and other services essential for the individual’s well-being.

• Parties Involved: This contract typically involves two main parties—the individual in need of care (the care recipient) and the party or institution providing care (the caregiver). The caregiver may be a family member, a professional caregiver, or a care facility.

• Terms and Conditions: The contract outlines the terms and conditions of care, including the scope of services to be provided, the duration of care (which extends until the care recipient’s death), the compensation or financial arrangements, and any other relevant details. It may also specify the rights and responsibilities of both parties.

• Legal Framework: The “Contract to Care until Death” is explicitly regulated by Turkish law of obligations Article 611 and it operates within the broader legal framework of contracts, obligations, and personal rights. The principles of good faith, fairness, and the protection of vulnerable individuals apply to these contracts.

• Legal Formalities: Although not strictly required, it is advisable for such contracts to be in writing to avoid disputes and misunderstandings. Parties should clearly outline their intentions, expectations, and obligations.

• Termination: The contract terminates upon the death of the care recipient, at which point the caregiver’s obligations come to an end.

It’s important to note that the “Contract to Care until Death” is a sensitive legal arrangement that involves the well-being and dignity of individuals who may be in a vulnerable position. Caregivers should act in accordance with the best interests of the care recipient and ensure that their rights and dignity are upheld throughout the duration of the contract.

The contract is focused on the importance of providing personalised care, which is based on the needs of the dying person, and takes into account the views of family members, carers and those important to the person.

Commitments

We are making the following commitment to everyone so that the care every person approaching the end of life receives is personalised and focused on their individual needs and preferences

Our commitment to you is that, as you approach the end of life, you should be given the opportunity and support to:

• have honest discussions about your needs and preferences for your physical, mental and spiritual wellbeing, so that you can live well until you die;

• make informed choices about your care, supported by clear and accessible published information on quality and choice in end of life care; this includes listening to the voices of children and young people about their own needs in end of life care, and not just the voices of their carers, parents and families;

• develop and document a personalised care plan, based on what matters to you and your needs and preferences, including any advance decisions and your views about where you want to be cared for and where you want to die, and to review and revise this plan throughout the duration of your illness;

• share your personalised care plan with your care provider, enabling them to take account of your wishes and choices in the care and support they provide, and be able to provide feedback to improve care;

• involve, to the extent that you wish, your family, carers and those important to you in discussions about, and the delivery of, your care, and to give them the opportunity to provide feedback about your care;

• know who to contact if you need help and advice at any time, helping to ensure that your personalised care is delivered in a seamless way.

Legal guidance or assistance

For those seeking legal guidance or assistance with drafting, establishing, or understanding the intricacies of the “Contract to Care until Death,” law firms such as Bicak offer specialized services, including due diligence checks, contractual provisions, termination procedures, and assessments of the implications for the parties involved upon contract termination. People want to have control over the care they receive and to shape it around their personal preferences. We know how important end of life care is, and how important it is to ensure that this care is the best it can possibly be.

Bicak Lawoffers a comprehensive range of legal services related to the ‘Contract to Care until Death.’ Our services encompass drafting and facilitating the establishment of these specialized contracts, conducting due diligence checks on the contracting parties, defining the contractual terms and conditions, specifying provisions, outlining termination procedures, and assessing the implications for the parties involved upon contract termination. Please reach out to us for comprehensive assistance with all aspects of the ‘Contract to Care until Death.