Protective measures: Privative judicial assistance (στερητική δικαστική συμπαράσταση); Concurrent judicial assistance (επικουρική δικαστική συμπαράσταση
Legal framework: Greek Civil Code, artt. 1666-1668
Competent authority: Court of First Instance (Πρωτοδικείο)
Access requirements:
- Judicial assistance is granted if an adult is partly or totally unable to manage their affairs due to health conditions.
Procedure:
- Initiation of Protection Measures:
- A judicial assistant is appointed by the Court of First Instance.
- The proceedings can be initiated by the adult themselves, their close family (spouse, parents, or children), the public prosecutor, or the court ex officio.
- An interim judicial assistant may be assigned until a final decision is issued.
- Types of Judicial Assistance:
- Privative judicial assistance: The adult loses legal capacity for certain or all juridical acts.
- Concurrent judicial assistance: The adult retains legal capacity but needs prior consent for specific acts.
- A combination of both may apply.
- Supervision and Limitations:
- The judicial assistant is subject to oversight by the Supervisory Board.
- Some transactions (e.g., property sales) require court authorisation.
- Termination and Appeals:
- Court decisions on judicial assistance can be appealed.
- The protective regime can be revised if the adult’s condition changes.
- Transactions made by an adult under privative judicial assistance are automatically void, even if the act benefits them.