28 Mar Legal Guardianship in Greece: When and How It Applies – Conditions, Forms, and Legal Tools for Families
Legal guardianship (δικαστική συμπαράσταση) is a legal mechanism designed to protect adult individuals who, due to serious mental, intellectual, or physical impairments, are unable to effectively manage their personal or financial affairs. It is an institution rooted in Greek civil law that aims to safeguard the dignity and interests of vulnerable persons, restricting their legal capacity only to the extent absolutely necessary.
This legal framework is applied based on the principle of proportionality and with respect for individual autonomy, offering a balanced solution between protection and freedom. It serves as an essential legal tool for relatives and caregivers who seek to support their loved ones without infringing upon their fundamental rights.
Forms of Legal Guardianship and the Role of the Guardian
By decision of the competent court, a person deemed incapable of managing their affairs may be placed under legal guardianship. This guardianship is categorized as either substitutive (total or partial) or assistive. In the former, the individual is entirely or partially deprived of the capacity to act legally, while in the latter, the validity of specific legal acts requires the prior consent of the appointed guardian.
The legal guardian—typically a relative or other trusted individual—is appointed to either represent or assist the person under guardianship, always under the supervision of an oversight council. The form and scope of guardianship are determined by the court in accordance with the individual’s specific needs, ensuring protection without unjustifiably infringing on personal liberty.
Legal Basis and Regulation of Legal Guardianship
The institution of legal guardianship is constitutionally grounded in Articles 2(1) and 5(1) of the Greek Constitution, which guarantee human dignity and the right to personal freedom. Furthermore, Article 8 of the European Convention on Human Rights (ECHR) stipulates that any limitation of autonomy must not exceed what is necessary, ensuring respect for private and family life.
Legal guardianship is primarily governed by Articles 1666 to 1688 of the Greek Civil Code, which establish the requirements, types, and legal consequences of guardianship. Procedurally, the relevant steps are set out in Articles 741 et seq. of the Greek Code of Civil Procedure, which pertain to voluntary jurisdiction and cover matters such as applications, evidence evaluation, and court decisions.
The core forms of legal guardianship—substitutive (total or partial) and assistive—vary depending on the degree of legal protection required. The law further defines the duties and powers of the guardian, the supervisory role of the oversight council, procedures for modifying or terminating guardianship, and safeguards for the rights of the individual under guardianship.
This institution often intersects with other key legal fields, such as family law, inheritance law, and occasionally criminal law, while judicial practice provides valuable interpretive guidance and practical direction. Understanding legal guardianship thus requires both familiarity with statutory provisions and awareness of how they are applied in practice.
Legal Criteria and Who Can Be Placed Under Guardianship
To initiate legal guardianship, specific legal conditions must be met, as explicitly provided in Article 1666 of the Greek Civil Code. This article forms the cornerstone of guardianship law by clearly identifying the circumstances under which an adult may be deemed in need of protection. These prerequisites are designed to strike a balance between legal support and respect for the individual’s autonomy and dignity.
Under Article 1666, legal guardianship applies to adults who fall under two main categories:
- Individuals who, due to mental or intellectual disorder or severe physical disability, are unable—entirely or partially—to manage their personal or financial affairs. This includes cases such as dementia, schizophrenia, intellectual disability, or mobility impairments that hinder daily functioning.
- Individuals who, due to profligacy, substance abuse, or alcoholism, pose a serious financial risk to themselves, their spouse, children, or parents. In such cases, the court intervenes preventively to avert financial ruin and protect both the individual and their dependent family members.
By recognizing these two categories, the law enables the courts to provide tailored legal protection based on the unique needs of each individual. This classification enhances both the clarity and the practical value of the guardianship framework, making it a key legal resource for families seeking solutions through the justice system.
Notably, even a minor who is under parental custody or guardianship may be placed under legal guardianship during the final year before reaching adulthood, provided the same substantive conditions are met (e.g., mental or intellectual disorder, or severe disability). Although the court decision is issued before the minor turns 18, its legal effects commence upon adulthood. This provision ensures uninterrupted legal protection during the transition from minority to adulthood—such as in the case of a 17-year-old with severe intellectual disability—by enabling early inclusion in the guardianship framework without any protection gap.
Applying Legal Guardianship in Practice and the Importance of Sound Legal Guidance
Legal guardianship is a supportive, not punitive, measure of legal protection. It must not be imposed on individuals who are capable of functioning autonomously. Its purpose is assistance, not restriction. Therefore, it is governed by the principle of proportionality: any restriction of capacity must be strictly necessary and directly aligned with the individual’s actual needs. Full deprivation of legal capacity through total substitutive guardianship is reserved for exceptional cases of severe incapacity and must be explicitly specified in the court decision. This precision is essential to ensure that the individual’s rights are protected without unjustified interference in their personal freedom.
Legal guardianship is one of the most important institutions for protecting vulnerable adults in modern Greek law, especially those with mental, intellectual, or severe physical challenges. Its effective application requires specialized knowledge, experience, and sensitive handling to maintain the balance between necessary support and respect for personal autonomy.
At Karpouzis-Lianou & Associates Law Firm, we offer extensive experience in managing legal guardianship cases, providing tailored legal solutions for families facing such challenges. With professionalism, discretion, and deep understanding of the sensitivity involved, we guide and represent our clients throughout every stage of the process. Timely and accurate legal support can make all the difference—both in safeguarding the rights of the individual under guardianship and in supporting their family.
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