31 Mar Legal Guardianship: Procedure, Court, and Legal Requirements – What You Need to Know
Who Can Request Legal Guardianship – Procedure for Initiating the Case
The procedure for placing a person under legal guardianship begins with a petition filed before the competent court. According to Article 1667 of the Greek Civil Code, the right to submit a petition belongs to: the person alleged to be in need, their spouse (if married), their parents, adult children, the public prosecutor, and the court itself ex officio. All these parties hold an autonomous and independent right to initiate the procedure.
Specifically, in cases where the person suffers exclusively from a physical disability, only the individual themselves may submit a petition – third-party initiative is excluded. For minors in the final year of minority, the guardian may also submit a petition.
In cases of mental or intellectual disorder, a duty of notification is also prescribed: public and municipal employees, prosecutorial authorities, social services, and managers of mental health structures are obligated to inform the court without delay upon becoming aware of such a case in the course of their duties. Failure to provide timely and specifically reasoned notification constitutes a breach of duty and may result in liability for any damage caused due to the delay.
Which Court is Competent and How is the Case Heard?
1. Subject-Matter and Local Jurisdiction
The petition for placing a person under legal guardianship is filed before the Single-Member Court of First Instance, which is competent in terms of subject matter, pursuant to Article 740 of the Greek Code of Civil Procedure, and territorially, based on the residence or habitual domicile of the person alleged to be in need.
2. Hearing Procedure – Voluntary Jurisdiction
The case is adjudicated under the rules of voluntary jurisdiction, according to Articles 741 et seq. of the Code of Civil Procedure. This procedure is:
- Less formal than regular litigation,
- Allows the court greater freedom in assessing evidence, and
- Enables the judge to consider elements that would not be admissible in regular proceedings.
This serves the protective character of the procedure and the need for an individualized assessment of the circumstances of each case.
3. Evaluation of Evidence and Expert Opinion
The court has discretion to examine any suitable means of evidence, without restrictions:
- Witness testimony,
- Medical reports (psychiatric, pathological, neurological, etc.),
- Documents proving the person’s mental or physical condition.
If the evidence provided is deemed insufficient, the court may order an expert opinion, primarily:
- Psychiatric or psychological,
- In exceptional cases, sociological or pathological.
The expert opinion is of decisive importance in substantiating the necessity of legal guardianship.
4. Mandatory Hearing of the Person Concerned by the Petition
According to the Civil Code and the fundamental principles of a fair trial (Article 20 of the Greek Constitution, Article 6 of the ECHR), the court is required to personally hear the person alleged to be in need, provided that:
- Their condition allows it,
- The hearing does not conflict with their interest or dignity
- May take place in court or another suitable location (e.g., residence, institution),
- Is conducted with respect for the individual’s personality and rights,
- Constitutes a crucial stage for assessing the necessity of the measure.
5. Consideration of the Social Services Report
Before issuing a decision, the court is obliged to take into account the report of the competent social service, pursuant to Article 1674 of the Civil Code.
This report includes:
- Assessment of the person’s actual needs,
- Evaluation of the suitability of the proposed guardian (natural person or institution),
- Information on the family and social environment of the person concerned.
The report is not binding on the court but constitutes an essential element of its judgment.
6. Application of the Principle of Proportionality
The court must apply the principle of proportionality (Article 25 §1 of the Constitution and Article 1676 of the Civil Code), choosing the least restrictive appropriate measure for the protection of the individual.
Specifically:
• Any restrictions imposed on the rights of the person must be absolutely necessary, neither broader nor arbitrary,
- If the petition is submitted by the individual themselves (e.g., a person with a physical disability and intact mental faculties), the imposition of broader restrictions than those requested is not permitted.
Legal guardianship must not function as a general exclusion of legal capacity, but as a targeted protective measure, with full respect for the autonomy of the individual.
Provisional Measures of Legal Guardianship – When and Why a Temporary Guardian is Appointed
In cases of urgent necessity, the court has the power to immediately take provisional protective measures to safeguard the person or property of the individual alleged to be in need. According to Article 1672 of the Civil Code, “the court may at any time, before or after the commencement of proceedings, appoint a temporary legal guardian” if there is a serious and immediate risk.
Temporary legal guardianship functions as a form of judicial protection of a precautionary nature, ensuring that the person’s needs are met until the final decision becomes irrevocable.
Since an appeal against the decision appointing a permanent guardian has suspensive effect, the law provides for the mandatory appointment of a temporary guardian for the period between the publication of the decision and its finality.
The temporary guardian fully assumes their duties and holds all necessary powers to effectively protect the person. The effect of the temporary appointment ceases automatically upon the finality of the main decision, but may also be lifted earlier if the reasons for the appointment no longer exist — even ex officio by the court, without the need for a formal request.
Publicity and Legal Effects of the Legal Guardianship Decision – When It Takes Effect and What It Entails for the Person Concerned
To protect transactional security, Article 1675 of the Civil Code provides that the operative part of the decision, whether it concerns permanent or temporary legal guardianship, shall be recorded in a special register of the court registry. Through this registration, the possible limited legal capacity of the individual becomes known to third parties, preventing legal uncertainty and nullity.
The legal effects of guardianship begin from the publication of the decision, not from its finality. However, the legal guardian officially assumes their duties only once the decision becomes final.
This distinction also justifies the appointment of a temporary guardian during the interim period, so that the protected individual is not left unprotected.
Legal Effects of Legal Guardianship – How the Legal Capacity of the Person Is Affected
According to Article 1676 of the Civil Code, the effects of legal guardianship depend on the nature and extent of the appointment. If it is full legal guardianship, the individual is deemed incapable of performing legal acts concerning the matters included in the operative part of the decision.
If it is auxiliary guardianship, the guardian’s cooperation is required for specific acts. Any act performed in violation of these restrictions is null and void, a fact with significant consequences for both the individual and third parties transacting with them.
The Law Firm Karpouzis – Lianou & Associates has extensive experience in handling legal guardianship cases, offering specialized legal services with a human-centered approach. We responsibly undertake every stage of the procedure – from initial legal guidance and petition filing to court representation and support of the appointed guardian after the decision is issued.
We approach each case with sensitivity and consistency, aiming at the real protection of the interests and dignity of the person in need of support. We are by your side to guide you with clarity, security, and complete respect for the complexity of your needs.
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