VIII. In another announcement submitted during the month of March 2025 by"Dvir, she refers to the fact that the appointer was not brought to another meeting that was coordinated with her, and yet she managed to meet with most of the children, with the exception of respondent 1, who was in detention and was later released to house arrest. Attorney Dvir asked for the court's intervention because despite further attempts she was unable to meet with the appointer, and therefore the court ordered the appointer."D. Recommended that he arrange the meeting.
- The Custodian of Law referred to another meeting and noted that After a meeting with the appointer, she got the impression that he was very confused, not aware of the time, dependent on his therapists, unaware of what was happening around him, even if at certain moments he seemed to be responding to the matter, but as the conversation continued it can be understood that he gives different answers to the same question, does not remember real details and lacks insight into the existing reality. Therefore, the legal guardian asked to appoint a medical expert who would determine whether he was lucid and fit to manage his affairs today, as well as to address the question of whether he was fit to sign it during the period of signing the power of attorney.
- Already in March 2025, after receiving the respondents' positions regarding the appointment of a medical expert, the court ordered the appointment of a medical expert. In summary, it should be said that the court was even required to change the identity of the expert, and finally, after dealing with a number of postponements due to the failure to bring the appointer, on August 8,2025, D.'s opinion was submitted"Dr. Adam Darnell (hereinafter: "The Expert"), who submitted an opinion in the matter of the appointer.
- The Opinion and the Examination
- The expert notes that he examined Mr. **** in his office on the afternoon of 8 July 2025 and that he was brought by the caregiver and two of the sons, respondent 1 and respondent 3.
- The expert notes that he preferred the test environment and refers to the fact that the subject arrived in a wheelchair and lacked the ability to move independently.
III. The expert noted that after the patient arrived, he asked that he wait with the caregiver in the waiting room, and he first met with the two boys in his room with a closed door and heard from them the story of the illness, the sequence of events, the family structure and the agenda. It was noted that the conversation with the boys A. S. lasted about 20 minutes, and then the expert asked that the patient enter together with the caregiver in order to give him security.
- It was noted that during the examination, the caregiver sat behind the patient so that he could not see her face, and she occasionally put her hand on his shoulder regardless of what was said and did not say anything during the entire examination, which lasted about 40 minutes.
- The expert notes that the subject is fully conscious, relaxed and attentive, responded politely and to the point and cooperated fully.
- The expert notes that according to the patient, he is 76 years old, lives in his home, while the son A. lives next door to him, and according to him, he lives with a caregiver. The expert notes that when asked why the patient came for the examination, the subject replied that "They claim that I am not fit... because I have had a stroke... such as managing a bank account or managing a household".
VII. The expert notes additional questions regarding the extent of the property and the family structure. The expert notes that he answered that he has five children, but listed only four names, and only in another attempt did he list five names. The expert notes that the reality checker is reserved. Orientation in Time "Good except for orientation on a day of the week" And notes that this is surprising because usually the day of the week is well maintained. The expert notes that the subject thought that he was in Tel Hashomer, and this was also a surprising answer because they were located in the city center of Tel Aviv and did not reach a place similar to Tel Hashomer Hospital.