02 Apr Legal Guardianship in Greece: Deprivation and Auxiliary (Total or Partial)
Legal guardianship in Greece may take the form of deprivation or auxiliary protection, depending on the degree of an individual’s inability to manage their affairs. The competent court, after examining the needs of the protected person, decides whether to apply deprivation, auxiliary guardianship, or a combination of both. Article 1676 of the Greek Civil Code provides that the court is not bound by the content of the petition and may impose a different regime than the one requested, provided that the restrictions imposed are absolutely necessary for the benefit of the protected individual. Accordingly, a legal guardianship decision may provide for deprivation guardianship, auxiliary guardianship, or a combination of both.
Deprivation Guardianship
This is the form of legal protection under which the court declares the person incapable of performing all or certain legal acts, judging that, due to a mental or intellectual disorder or other serious cause, they are unable to carry them out on their own. In such a case, the appointed legal guardian acquires full authority to act on their behalf, legally representing them for the acts specified in the court decision.
Deprivation guardianship may be:
- Total, when the person is declared incapable of performing any legal act, i.e., they cannot enter into any contract or carry out any legally significant act.
- Partial, when the incapacity is limited to specific legal acts, which are explicitly listed in the court decision.
Examples:
- In the case of severe intellectual disability, the court may impose total deprivation guardianship, excluding any capacity to enter into contracts.
- In the case of an elderly person with dementia, the court may impose partial deprivation guardianship, removing for instance only the right to manage real estate, but allowing daily transactions or requiring only consent for them.
Deprivation guardianship constitutes a restriction of legal capacity and is applied only when deemed absolutely necessary for the protection of the person, their property, and their interests, especially in cases of severe cognitive or mental dysfunction. It is a powerful legal instrument, and for this reason, the court imposes only the strictly necessary restrictions, based on thorough medical and social reports.
Auxiliary Guardianship
This is a milder form of legal protection, under which the court does not entirely remove the individual’s legal capacity but stipulates that for certain or all legal acts to be valid, prior written consent of the legal guardian is required. According to Article 1683 of the Greek Civil Code, such consent must be provided in writing and in advance of the act – ex post facto consent is not permitted.
Auxiliary guardianship may be:
- Total, when consent is required for every legal act, regardless of its nature or financial value.
- Partial, when consent is required only for specific serious acts, such as the sale of real estate, taking out loans, registering mortgages, or entering into high-value contracts.
The essence of auxiliary guardianship is that the person continues to act personally, but on the condition that the guardian’s approval has been previously given. If the individual performs an act without the required consent, the act is considered automatically null and void, as it originates from a person deemed legally incapable in relation to that act. This nullity is absolute, and the act is treated similarly to that of a minor acting without court authorization.
Auxiliary guardianship is a critical legal tool for protecting individuals with partial impairment of discernment or judgment, while maintaining respect for their autonomy. It is especially useful in cases of mild mental or intellectual disorders, early-stage dementia, or other conditions requiring supervision without complete exclusion from legal transactions.
Combination of Deprivation and Auxiliary Guardianship
The court has the option to establish a mixed guardianship regime, applying elements of both deprivation and auxiliary guardianship, according to the specific needs and functional condition of the protected individual.
Within this framework, for certain categories of legal acts, the person may be completely deprived of legal capacity (deprivation guardianship), while for others, the prior consent of the guardian may be sufficient (auxiliary guardianship).
Example: An individual may be entirely deprived of the ability to manage significant assets – such as real estate or high-value bank accounts – with decisions being made exclusively by the guardian. At the same time, for everyday acts (e.g., small purchases, entering into a mobile phone contract), only the guardian’s prior consent may be required.
Article 1679 of the Civil Code stipulates that in cases of combined guardianship, the court decision must clearly define:
- Which acts the protected person is prohibited from performing on their own (deprivation regime), and
- Which acts require prior consent of the guardian (auxiliary regime).
The combined form may even reach the point where the judge removes entirely the administration of property from a person otherwise under auxiliary guardianship, assigning it exclusively to the guardian. Nevertheless, the individual may retain partial autonomy in other aspects of daily life.
The possibility of combining deprivation and auxiliary elements offers a flexible legal mechanism, tailored to the actual needs of the protected individual, ensuring both their protection and respect for personal autonomy.
Distinction between Deprivation and Auxiliary Guardianship – Practical Significance
The practical significance of distinguishing between deprivation and auxiliary guardianship is particularly important, especially for those entering into transactions with individuals subject to one of these regimes. In deprivation guardianship, the protected person is legally deprived of the ability to represent themselves in specific legal acts, which are carried out exclusively by the appointed guardian. Therefore, the third party in the transaction addresses the guardian directly, who bears the legal authority and responsibility.
On the other hand, under auxiliary guardianship, the person continues to act personally, provided that there has been prior and explicit written consent of the guardian for the acts specified in the court decision. If the act is performed without the required consent, it is automatically void. Consequently, the third party must verify the existence and content of such consent in order to ensure the validity of the transaction.
If you or a loved one are facing issues related to legal guardianship – whether it concerns a deprivation or auxiliary form – or if you require personalized legal guidance regarding a transaction, you are welcome to contact us.
Karpouzis-Lianou & Associates Law Firm is at your disposal to schedule a consultation and provide responsible and specialized support tailored to your individual needs.
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