Q: I mean, according to the documents you saw, it wasn't written anywhere that she had memory loss before 2012.
A: No, otherwise I would have written.
- Later in the interrogation, Prof. Maaravi was asked again about the significance of the document indicating the deceased's cognitive decline as early as 2009, and he referred to it at the hearing, after reviewing it and answered (at p. 12 of the aforementioned proc., paras. 9-14):
"Wait, this test too, I reiterate what I said earlier, it doesn't change my determination, because you're showing me here a cognitive test with a number, you're not showing me the four components that I detailed to you, and they aren't anywhere along the way, so you can't change my opinion about her fitness in the absence of a fitness test. There are cognitive tests, you can show them to me sooner or later, it doesn't make sense. "
- Maaravi also clarified that although there is a decline in physical functioning, this does not affect the ability to make decisions (at p. 14 of the Peruvian Review, paras. 26-31).
- In response to a question asked by the expert by the plaintiff's counsel regarding a document by Dr. Mashhav from 2014 that stated that the deceased did not need a guardian at the time, whether it is possible to understand that she was competent at the time, the expert replied (at p. 23 of the aforementioned proc., paras. 7-20):
"Q. ... In light of Dr. Ashhab's June 2014 determination, is it possible to say and assess with reasonable probability that at least in June 2014 she was competent?
A: I can't say that.
Q: You said that it is impossible to determine whether she is fit or not.
A: Because at no stage did they do a specific competency assessment for a specific question. Assessing competence is also not a general thing. Is she qualified to appoint an enduring power of attorney, is she competent to carry out a legal action, you need to check the specific issue, am I qualified to make a will, you need to check the eligibility for wills. Competence is a task, it hasn't been checked, so I can't answer you yes or no.