VIII. During the period from the date of the stroke to the filing of the claim, Many financial transactions in the appounder's bank accounts, including withdrawals of funds and credit card purchases. This includes, on October 28,2024, a transfer of ILS 90,000 was made from the account One of the appointer to another account of his, and on December 2,2024, a deposit of ILS 100,000 was repaid at Bank Hapoalim.
It also became clear during the course of the proceedings that On 05/12/2024, the appointer's real estate asset was transferred by way of "Transfer None Value" owned by the son of Respondent 1.
Subsequently, the appointer's savings from Meitav Provident and Pension Company in the total amount of ILS 147,733.01 (which included a study fund in the amount of ILS 110,516.51 and provident funds in the amount of ILS 19,120.15 and ILS 18,096.35) continued and were transferred to his account at Bank Hapoalim.
- The Applicants' Arguments:
- The applicants claim that their father, who was 75 years old at the time of the application, experienced a severe stroke in April 2024 and has been in a poor cognitive and functional state ever since.
- The Applicants claim that on September 26,2024, only three months after their father was released from prolonged hospitalization, when he was incompetent to sign legal documents, he signed an enduring power of attorney in favor of Respondent 1. The Applicants claim that Respondent 1 is acting in extreme bad faith and making improper use of the appointer's assets.
III. The applicants claim that they have documents and evidence attesting to the poor medical condition of the appointer at the time of signing the enduring power of attorney. The applicants claim that material medical information was concealed from the attorney who drafted the power of attorney, and that withdrawals and financial transactions in the aggregate amount of hundreds of thousands of shekels were made from the appooer's accounts.
The Ottoman Settlement [Old Version] 1916. The Applicants clarify that as of the date of filing the application, the power of attorney has not yet been exercised by respondent No. 1, but in the meantime it continues to do as it pleases in the appointer's bank accounts, apparently by means of an additional power of attorney that was presented to the bank.