Legal guardianship under Greek law
Legal guardianship is regulated by Articles 1666 to 1694 of the Hellenic Civil Code and is defined as responsible handling of issues of legal importance for an adult who has such manner of disease (mental or intellectual disorder or physical disability) that de facto he is unable to handle his own affairs. It must be ordered by a court (and therefore no person can be placed in legal guardianship on the basis of the private will/intention of another) which alone can determine its form and extent. The Single-Member Court of First Instance at the assisted person’s normal place of residence is competent to appoint a legal guardian (combined reading of Articles 121 of the Law Introducing the Hellenic Civil Code, and Articles 739, 740 and 801(1) of the Hellenic Code of Civil Procedure) who shall try the matter in non-contentious proceedings. The court may declare the person to be under privative legal guardianship in which case it considers that he is unable to act for himself in relation to (full) or certain (partial) legal transactions and therefore he must enter into legal transactions concerning those matters via his legal representative: his legal guardian. The court may declare the person to be under assistive legal guardianship in which case in order for the assisted person to enter into all (full) or certain (partial) legal transactions, the consent of the legal guardian is required. Lastly, a combination of privative and assistive legal guardianship can be ordered.
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