An interesting judgment was recently issued by the Single-Member Court of First Instance of Thessaloniki concerning the imposition of full deprivation judicial guardianship on a person suffering from chronic schizophrenia.
In Judgment No. 9719/2026, the Court held that the existence of a mental disorder is not, in itself, sufficient to justify a restriction of legal capacity. It must also be established that, as a result of the condition, the person is effectively unable to care for herself or manage her personal and financial affairs.
In the case at hand, the history of repeated hospitalisations, the medical assessments, the certified disability rate, the lack of compliance with medication and the need for continuous assistance with basic daily needs justified the imposition of full deprivation judicial guardianship.
A particularly significant aspect of the judgment is that the Court reached its decision without ordering a new expert examination and without a social services report. It considered that the existing medical records and public documents provided sufficiently clear and reliable evidence regarding the nature and severity of the person’s condition.
The Court appointed the woman’s son as her judicial guardian, taking into account that he had already acted as temporary guardian and had been actively involved in her care. It also established a three-member supervisory council composed of close family members.
The judgment confirms that full deprivation of legal capacity must remain a measure of last resort. It should not be imposed merely because a psychiatric diagnosis exists, but only where the severity and lasting effects of the illness render less restrictive forms of assistance inadequate.
Properly applied, judicial guardianship is not a mechanism of exclusion. It is a protective institution intended to safeguard the dignity, security and interests of a person who is no longer able to protect herself effectively.