Guardianship (Be’er Sheva) 74879-01-25 M.S. v. A.S.

Judgment

The matter of the judgment is a decision on the applicants' request to order the cancellation of a document of the type of enduring power of attorney, prepared by their father, Mr. **** (hereinafter: "the appointer"/"Hashla").  It is clarified that within the framework of the proceeding in the heading, no claims regarding actions carried out by virtue of other legal documents in the property of the Hashla, such as withdrawals of funds and the transfer of rights in apartments, will not be clarified, even though these actions were also referred to in the pleadings and during the course of the proceeding.

1. Key undisputed facts
2. Mr. ***** (Hereinafter: "The Appointer/Eshel"A"), is An elderly person about 75 years old, widowed by his wife, Their father of five boys, all adults and they The Parties in the Case.
3. The power of attorney that is the subject of the lawsuit was signed by"10 The appointer on the day 26/09/2024. The Appointer Signed the enduring power of attorney before Attorney and notary Alon Zeev Halter and appointed Build A., (hereinafter: "Respondent 1") As his proxy in his property, personal and medical affairs.

III.       Five months prior to the drafting of the power of attorney that is the subject of the lawsuit, The appointee has suffered a severe stroke that has changed his health and functioning.  Following The Brain Event, the appointer was taken to the hospital and hospitalized in the neurology department from April 21,2024 to June 18,2024.  Afterwards, the appointer was transferred to a period of rehabilitation at the "Adi Negev" institution, where he was defined as in a poor cognitive and functional state and completely dependent on others for the purpose of performing basic activities, while suffering from a lack of orientation in time and place.

1. After his release from rehabilitation, the appraiser returned to his home, but due to the inadequacy of the structure of the house to its new condition and claims of poor treatment of the The son M. (hereinafter:"Applicant 1") In his father's case, it was agreed between the children that the house would be sold and in July 2024, the appointer was transferred to live in a rented apartment next to the apartment of the Respondent 1, in order to assist in his treatment through a foreign caregiver.
2. During the month of July 2024 (on 25/07/24 and 31/07/24), the appointer signed a notarized power of attorney in favor of Respondent 1.
3. There is no dispute that Prior to the stroke, the appointer was completely independent, controlled his assets and fully functioned, while living in his home With Build Applicant 1 and one of his grandchildren.

VII.      On 03/12/2024, he received Applicant 1 A warning letter from a lawyer on behalf of a lawyer Respondent 1 , which requires him to vacate the appointer's house within 30 days or to pay a monthly rent of ILS 3,000.