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The challenges we face when our loved ones experience diminished mental and/or physical capacity are significant. When our parent, our child, our closest relative suffers, life inevitably becomes difficult. Then, the family is confronted with demanding, psychologically draining, and painful circumstances that harbor insecurity, if not impasse.
However, when elderly or other beloved individuals are unable to care for themselves, manage their affairs, and effectively ensure their well-being, there is a legal solution.
The law has provided a path for offering support, for safeguarding the dignity, respect, and quality of life for those who deserve our love and care.
In Greece, Articles 1666 et seq. of the Civil Code offer the legal avenue for a better life for all those involved. This path is the placement under judicial guardianship (δικαστική συμπαράσταση) of individuals unable to care for and represent themselves, which constitutes a unique form of legal tutelage. Individuals who have become dependent on substances and those with mental illnesses are also included among those who can be placed under judicial guardianship. Judicial guardianship is not merely a legal theory. It is a practical solution and a gesture of love, protection, and respect towards those who need it, ensuring they receive the care and security they deserve.
Judicial guardianship, as stipulated by Greek law and specifically the Civil Code, is a judicial measure aimed at safeguarding the personal and property interests of individuals who are unable to manage their affairs due to mental or physical incapacity. It is a structured means of extending support and assistance where it is most needed, allowing for the preservation of dignity and as much personal freedom as the individual's condition permits.
The process in urgent cases requiring immediate resolution can begin with what is known as "interim measures" (ασφαλιστικά μέτρα), meaning a preliminary step of immediate temporary guardianship to provide urgent protection. In any case, a court decision is required for the appointment of a judicial guardian (δικαστικός συμπαραστάτης). Usually, this role is assigned to the close relative who best understands the personal history, preferences, and needs of the person under guardianship (συμπαραστατούμενος). However, the law also carefully considers situations where a close relative may not be available due to distance, absence, or any other reason. In such cases, judicial guardianship may be granted to someone who shares a close, trustworthy relationship with the individual, ensuring that their best interests remain the primary concern.
But how can one safely navigate this legal path? This is where the importance of seeking specialized legal advice with experience in judicial guardianship cases within the Greek legal system lies. Specialized lawyers at NEWLAW can provide you with invaluable guidance through the often complex legal procedures, ensuring the preservation of the rights and well-being of your loved ones.
A specialized legal advisor is a crucial factor in the successful completion of judicial guardianship, as they offer informed advice on gathering the necessary documents, respectfully represent the family's interests in court, and provide all the required information regarding the rights, obligations, and responsibilities involved in a person being declared a judicial guardian by the court.
Empathy, combined with legal acumen, is essential in these cases. Lawyers specializing in judicial guardianship are not just legal representatives. They are partners in a family's journey to ensure a stable, protected, and healthy environment for their elderly members. They understand the emotional weight such decisions carry and perform their duties with respect, confidentiality, and utmost care.
In conclusion, as our parents or beloved relatives grow older, we often grapple with difficult decisions concerning their well-being. Judicial guardianship in Greece is the optimal legal solution, providing all the necessary safeguards to ensure the well-being and dignity of individuals in need of legal support. Judicial guardianship is not just a unique form of legal tutelage. It is the preservation of a life's legacy with dignity, love, and absolute respect for our loved ones.
For more information if you are facing issues with elderly parents or relatives who are unable to care for themselves, you can call NEWLAW on all working days from 8:00 a.m. to 5:00 p.m. at the telephone numbers 2310 551 501 and 2310 261 501.
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