GREECE Law and Practice Contributed by: Fotodotis Malamas, Bernitsas Law
the elderly, including nursing, meal distribution, physi - otherapy and social services). Care of Dependent Relatives The Constitution and civil law states that the family is responsible for the care of dependent relatives of all ages, and that the State will care for the health of its citizens and adopt special measures for the protec - tion of young people, the elderly and invalids, as well as provide assistance to the disadvantaged members of society. Consequently, the social security system does make certain provisions if a family is unable to care for a dependent relative. There is no insurance covering long-term care in Greece. Financial assistance is mainly in the form of discretionary tax rebates to family caregivers, some of whom use supplementary pensions for incapacity or dependency to help towards the costs of caring. Some local authorities provide home-help services to elderly dependent people. Discretionary grants and benefits are also available in some areas, but are dependent on the financial resources of individual local authorities and are not based on an official policy. Help-at-Home Project Many KAPI centres collaborate with the Help-at-Home project, which offers a range of services to elderly people who are unable to manage on their own, such as: • social services (counselling and psycho-social sup - port, information on rights and health issues); • healthcare services; and • family assistance (assistance with housework, personal care and meal preparation and feeding, as well as activities and socialisation). Apart from the Public Care System, the Greek State does not provide for other means that may help fami - lies and individuals prepare financially for longer lives. As a result, the contribution of the private sector is essential for efficient financial planning. In this framework, one may plan for how one’s money should be handled in the event of illness or death. Good planning ensures that the family will be able to
meet any cost that may arise in the future. To this end, health insurance or pension plans may contribute to a better quality of life in case of illness or in old age. 9. Planning for Non-Traditional Families 9.1 Children According to Article 1463 of the Greek Civil Code, a person’s relationship with their mother (and her rela - tives) is established solely by birth, and that with their father (and his relatives) is presumed from the mar - riage of the mother to the father, or established by means of voluntary or court-imposed acknowledge - A father may acknowledge a child born out of wedlock as his own, provided that the mother consents. Where a mother has died or has no legal capacity to consent, the acknowledgment will be effected by the sole dec - laration of the father, unless the father has died or has no legal capacity, in which case the acknowledgment may be effected by the father’s parents. If the child has died, the acknowledgement shall be effective in favour of their descendants. An acknowledgment by a father or his parents takes place by means of a declaration made before a notary public or in a last will and testament. The consent of a mother is given by means of a declaration before a notary public. Declarations of acknowledgment and consent must be made personally and unconditional - ly, cannot be subject to any terms, and are irrevocable. A mother has the right to demand the acknowledge - ment of the paternity of her child born out of wedlock through legal action directed against the father or his heirs, subject to a five-year statute of limitations start - ing from the child’s date of birth. The right of a child to demand acknowledgement expires one year after adulthood commences, and the rights of a father or his parents expire two years after a mother’s refusal to give consent. Establishing Paternity Paternity is presumed where it is established that the person with respect to whom paternity is alleged had ment of the child by the father. Acknowledgment of Paternity
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