Judicial Assistance (Guardianship): Legal Security & Care for Your Loved Ones

Q: Who may submit the application for judicial assistance?

For mental or intellectual disorder, the application is submitted by the person concerned, the spouse, the parents, the children, the Public Prosecutor of the Court of First Instance, while the Court may also act of its own motion. For physical disability, only the person concerned. Siblings or nieces/nephews may inform the Public Prosecutor so that the procedure may be initiated.

Q: How long does the entire procedure take?

From filing to the final judgment, the procedure usually lasts six months to over a year, depending on the court's workload and the expert assessment. In urgent cases, an application for interim measures is filed for the appointment of a temporary judicial assistant, heard within a few weeks.

Q: What documents and evidence are required?

A recent opinion from a psychiatrist or neurologist, family-status certificates, vital records, identity documents and sworn declarations of the proposed supervisory council members (3-5 persons) are required. Useful additions include discharge notes, KEPA disability certificates and evidence of financial standing. Proper preparation affects the outcome.

Q: What are the chances that the application will be accepted?

With sufficient medical documentation and an applicant with standing, the chances are high. The court decides independently whether to impose full or partial deprivative, auxiliary or combined judicial assistance (Article 1676 AK). Family conflicts delay the judgment, while a unanimous stance facilitates conclusion.

Q: What is the role of the lawyer in this procedure?

The lawyer drafts and files the application before the Single-Member Court of First Instance, prepares the file, represents the client at the in-camera hearing and formulates the request to match the actual needs. After the judgment, the lawyer supports the assistant in acts requiring supervisory council or court authorisation and files interim measures when needed.

When a loved one is unable, due to old age, illness (such as dementia or Alzheimer’s) or disability, to manage their own affairs, judicial assistance (δικαστική συμπαράσταση) is the legal shield that safeguards their dignity and their estate.

At ZIAMPARAS & ASSOCIATES, we understand the emotional weight of this decision. Our aim is to make the procedure as straightforward, swift and secure as possible for you and your family.

The “Digital” Dimension of Judicial Assistance: Why We Stand Out

In the 21st century, judicial assistance is not only about signatures on paper, but also about managing the digital identity of the person under assistance.

Technical Guidance: As lawyers with a background in Information Technology, we help you securely manage e-banking accounts, TaxisNet credentials and the digital assets of your relative, avoiding the risk of digital fraud.
Protection from Exploitation: The elderly and persons with disabilities are often targets of financial exploitation. Our legal safeguards prevent third parties from abusing the trust or the vulnerability of the person under assistance.
Philosophy & Respect (LL.M.): We approach judicial assistance not as a “deprivation of rights”, but as a means of empowering and protecting the personality of your loved one.

Our Services:

Application for Judicial Assistance: Full legal representation for the appointment of a temporary and permanent judicial assistant.
Establishment of the Supervisory Council: Organising the supervisory mechanism provided by law to ensure transparency.
Estate & Real Property Management: Legal advice on the sale, lease or development of the real property of the person under assistance, with the court’s authorisation.
Involuntary Hospitalisation: Legal support in cases requiring the protection of the individual within specialised health-care facilities.

“Judicial assistance is an act of love and responsibility. We ensure that your loved one will continue to enjoy the standard of living they deserve, under your protection.”

We Are by Your Side

We understand the difficulties of travelling. We offer the possibility of an initial consultation by video conference or, where required, a home visit.

In more detail:

What judicial assistance is: procedure, conditions and the purposes it serves for a person who is fully or partially unable to look after themselves.

1. What is the meaning of judicial assistance and what is its purpose?

Judicial assistance is the legal status to which a person is subjected when, due to a mental or intellectual disorder, a physical disability, or drug addiction and alcoholism, they are unable to attend to their personal affairs.

The legislator has provided for the institution of judicial assistance in the Civil Code (AK) (Articles 1666–1688 AK) as a means of protecting persons who, either due to an illness or due to a pathological dependency, are unable to exercise their rights and obligations as active citizens.

This protective character that runs through the provisions of the Civil Code (AK) aims at the protection of the person placed under judicial assistance, who, as a rule, lacks the requisite mental clarity to be legally bound by their own actions.

2. How is a person placed under judicial assistance?

Given the serious consequences entailed by declaring a person to be under judicial assistance, the relevant authority has been entrusted to the judicial authorities, following an application filed by interested parties.

3. Which persons may file the application for judicial assistance?

The answer to this question varies depending on the case for which a person’s placement under judicial assistance is sought. Accordingly, the following cases are distinguished:

A) In cases of physical disability: Where the person concerned suffers exclusively from a physical disability, only the person suffering themselves has the right to file an application for placement under judicial assistance (Article 1667 sent. 3 AK).

B) In cases of intellectual or mental disorder: When the person concerned suffers from an intellectual or mental disorder, the circle of persons with standing to file the application is significantly broadened. The right to file is now held by:

The person concerned themselves (Article 1667 sent. 1 AK)
The spouse of the person concerned (Article 1667 sent. 1 AK)
The parents of the person concerned (Article 1667 sent. 1 AK)
The children of the person concerned (Article 1667 sent. 1 AK)
The Public Prosecutor of the Court of First Instance (Article 1667 sent. 1 AK)
The Court acting of its own motion (Article 1667 sent. 1 AK)

4. What is the procedure after the application is filed?

The hearing of the case follows in camera, where the Judge, not bound by the requests of the parties, decides:

a) whether the person concerned should be placed under judicial assistance,

b) for which acts, and

c) who will carry out the necessary legal acts on their behalf. The person entrusted with this authority is called the judicial assistant, while the body that “supervises” them is the supervisory council.

The procedure is concluded with the issuance of the court ruling, which decides on the above-mentioned issues.

5. What role does the supervisory council play?

The other cornerstone of the institution of judicial assistance is the supervisory council. The supervisory council consists of 3 to 5 members (relatives and friends), who are appointed by the competent court for the purpose of “oversight” of the judicial assistant (Article 1682 AK). The competence of the supervisory council does not lie solely in supervising the actions of the judicial assistant; on more than a few occasions it also plays an advisory role.

Case law and legislation have determined certain acts which always require the approval of the supervisory council, while for certain others the authorisation of the court is also required.

6. What are the legal consequences of declaring judicial assistance?

The legal consequences of judicial assistance vary depending on the type of judicial assistance. Thus, the court may:

1) Declare the person incapable of all (full) or certain juridical acts (partial), because it considers that they are unable to perform such acts in person (deprivative judicial assistance); or

2) Order that, for the validity of all (full) or certain juridical acts (partial), the consent of the judicial assistant is required (auxiliary judicial assistance); or

3) Decide on a combination of the two preceding regimes (Article 1676 AK).

The judicial assistant becomes responsible for all juridical acts of the person under judicial assistance and, depending on the content of the court ruling, acts for the account and in the name of the person under assistance, or approves their relevant actions. Any act carried out from that point onwards by the person under assistance without the approval of their judicial assistant produces no legal effect and has no validity.

In conclusion, the procedure of judicial assistance is the appropriate means and the recommended solution for elderly persons who are unable to personally attend to their affairs due to physical disabilities or due to a mental illness.

What are the duties of the judicial assistant?

In general terms, the duties of the judicial assistant relate to the care, the extra-judicial and judicial representation, as well as the administration of the estate of the person concerned.

Given that the institution of judicial assistance was created for the protection of the person in need, it is accepted that the judicial assistant must in every case act in the best interest of the person concerned and seek personal communication with them before any action, where such communication is possible.

In judicial assistance, the provisions concerning the guardianship of minors apply by analogy. In practice, this means that the actions of the judicial assistant are divided into three categories:

A) Those for which no authorisation from the supervisory council or the court is required (indicatively: inventory of the estate, deposit of titles/valuables in a secure bank, payment of debts).

B) Those for which authorisation from the supervisory council is required (indicatively: leasing/letting of the real property of the person concerned or filing a real action for their real property).

C) Those for which court authorisation is required. To this category belong all acts referred to in Article 1624 AK, which, although concerning the guardianship of minors, applies by analogy to judicial assistance as well (indicatively: partial or total disposal of the estate of the person concerned, sale of real property, securities, a business, granting/accepting a loan, renunciation of inheritance, of a legacy, etc.).

As is apparent from the above, the judicial assistant does not have unlimited authority; on the contrary, in many cases the prior approval of their actions by the supervisory council or the court is necessary.

In particular, it must be emphasised that the judicial assistant cannot proceed with any action that would diminish the estate of the person on whose behalf they act, unless they have court authorisation. Otherwise, the act of disposal by the judicial assistant (as well as any other act without the required authorisation) is absolutely null and void, the judicial assistant owes damages to the person concerned and is removed from their duties.

What is involuntary hospitalisation?

When the condition of a person necessitates their involuntary hospitalisation in a mental health unit, this takes place after prior authorisation from the court and in accordance with the provisions of special laws.

More specifically, on the basis of Law 2071/1992 and Article 16 of Law 2716/1999, in conjunction with the general provision of Article 1687 of the Civil Code (AK), involuntary hospitalisation, that is, the admission and stay of a patient for treatment in a suitable Mental Health Unit without their consent, is ordered under the following conditions, which must be met cumulatively:

a) the patient must suffer from a mental disorder;

b) they must be incapable of judging what is in the interest of their health;

c) the absence of hospitalisation must have as a consequence the deterioration of their state of health; and

d) hospitalisation must be necessary in order to prevent acts of violence against the patient themselves or against a third party (Article 95 para. of Law 2071/1992).

See also article Divorce
See also article Relocation of Family Home
See also article Joint Custody of a Child
See also article Child Maintenance

FREQUENTLY ASKED QUESTIONS ON JUDICIAL ASSISTANCE – LAWYER

1. When is judicial assistance needed for a relative?

Judicial assistance is the legal means of protecting a person who is unable to look after themselves and their estate due to a mental or intellectual disorder (such as dementia, Alzheimer’s, severe depression), a physical disability or addictions. Common indications include the inability to manage bank accounts, the risk of being defrauded by third parties, the signing of disadvantageous juridical acts, or the inability to take care of oneself.

The purpose is not the deprivation of rights, but the protection of the person from exploitation and the legal cover for those who undertake their care. Each case is assessed individually, on the basis of medical opinions and the actual condition of the individual.

2. Who may submit the application for judicial assistance?

Where a mental or intellectual disorder is involved, the application is submitted by the person concerned themselves, their spouse, their parents, their children, the Public Prosecutor of the Court of First Instance, while the court may also act of its own motion (Article 1667 AK). In cases of exclusively physical disability, the application is submitted only by the person concerned themselves.

Siblings, nieces, nephews or more distant relatives do not have standing to file an application directly. In such cases, the usual route is to inform the Public Prosecutor of the Court of First Instance, who, after assessing the evidence, may initiate the procedure of their own motion.

3. How long does the entire procedure take?

From the filing of the application before the Single-Member Court of First Instance until the issuance of the final judgment, the procedure usually lasts from six months to over a year, depending on the court’s workload, the conduct of the psychiatric expert assessment and the social inquiry.

In urgent cases, where there is an immediate risk to the estate or to the person concerned (e.g. imminent withdrawals, signing of powers of attorney under contested intent), an application for interim measures is filed for the appointment of a temporary judicial assistant, which is heard within a few weeks and provides immediate protection for your relative.

4. What documents and evidence are required?

The basic requirements include a recent medical opinion from a psychiatrist or neurologist describing the condition and the inability to self-manage, family-status certificates, vital records, identity documents of family members, and sworn declarations of the proposed members of the supervisory council (3 to 5 persons from the family or friends of the person concerned).

Supplementary useful items include hospital discharge notes, disability certificates from KEPA, evidence of the financial standing (real property, bank accounts) and proof of any dangerous transactions. Proper preparation of the file decisively affects both the speed and the outcome of the case.

5. What are the chances that the application will be accepted?

When the inability of the person is sufficiently documented by medical evidence and the application is submitted by a person with standing, the chances of acceptance are high. The court, however, is not bound by the requests: it decides independently whether to impose full or partial deprivative, auxiliary or combined judicial assistance (Article 1676 AK), always selecting the least restrictive form that serves protection.

An important factor is the choice of the judicial assistant and of the members of the supervisory council. Conflicts among relatives or competing applications may delay the issuance of the judgment, while a unanimous family stance facilitates a swifter conclusion.

6. What is the role of the lawyer in this procedure?

The lawyer undertakes the drafting and filing of the application before the Single-Member Court of First Instance, the preparation of the case file with the necessary medical and family documents, the representation at the hearing held in camera, and ensures that the request is formulated in a way that genuinely responds to the needs of the person concerned.

After the issuance of the judgment, the lawyer supports the judicial assistant in management acts that require the authorisation of the supervisory council or of the court (sale of real property, renunciation of inheritance, leasing), preventing nullities and liabilities. In urgent cases, the lawyer files an application for interim measures for immediate temporary protection.