Judicial Support

The procedure of voluntary jurisdiction also includes the procedure of placing in judicial support as provided for in articles 801-806 of the Civil Code. 

The law office of Eleftheria Andrianopoulou undertakes the submission of requests for legal assistance and the execution of the subsequent court, securing the interest and benefit of the person who uses legal assistance.

The legislator introduces in the provisions of the Civil Code the procedure of judicial support in order to protect people who, either due to some psycho-mental problems or physical problems or characteristic problems or due to drug addiction and alcoholism, are legally incompetent and unable to take care of themselves and handle cases them validly performing some or all legal acts.

Persons Subject to Judicial Support

It is specifically defined in article 1666 A.K. that "The adult is submitted to judicial support: 1. When due to a mental or intellectual disorder or due to a physical disability, he is unable in whole or in part to take care of his affairs alone 2. when, due to promiscuity, drug addiction or alcoholism, he exposes himself to the risk of deprivation himself, his spouse, his descendants or his ascendants. 

The minor, who is under parental care or guardianship, may be subject to judicial support, if the conditions are met, during the last year of minorhood. The effects of submitting to judicial support begin after the minor reaches adulthood."

Procedure for submission to judicial assistance

Article 1667 of the Civil Code stipulates that the procedure starts after an application before the competent court

 1) of the sufferer himself or

 2) of his spouse in the case of married cohabitation or 

 3) of his parents or

 4) of his children

 5) of the prosecutor or

 6) ex officio

while when the person suffers exclusively from a physical disability, the court decides upon the request of the sufferer himself.

Who is appointed legal assistant?

According to article 1669 of the Civil Code "The court appoints a judicial assistant the natural person proposed by the person to whom the measure concerns, as long as the latter has completed the sixteenth year of his age and the proposed person is considered suitable and can be appointed according to the law . If the person in need of support does not propose anyone or if the person proposed is not considered suitable, the court freely chooses the one it deems most suitable for the specific case, after taking into account any expressed will of the supporter, to exclude a specific person, ties with his relatives or other persons and in particular with his parents, his children and his spouse, as well as the risk of any existing conflict of interests between the co-presenter and the one to be appointed."