VIII. The expert notes that in the short-term memory test, it was not clear whether the subject understood the task but was able to repeat the words. It was noted that in the serial subtraction task, the subject was unable to perform any of the steps. There is detail in the opinion regarding each stage of the test.
00t. The expert notes that this is a patient who underwent a stroke that allowed him to have impairments in motor functions and cognitive functions. It was noted that the motor impairments are visible and the cognitive impairments are evident in a number of directions. It was noted in the opinion (p. 12) that in a cognitive examination performed on April 4,2024 at Soroka Hospital, the results of the test indicated a significant cognitive impairment and poor insight. It was also noted that the medical material detailed his cognitive state upon his release from Adi Negev on June 18,2024, where the speech therapist detailed his impression of difficulty in understanding instructions, describing irrelevant things, and difficulty understanding abstract and non-concrete things.
0j. The expert notes that a cognitive assessment upon discharge from Adi Negev found significant deficiencies in cognitive ability.
- The expert notes that what can be misleading is the subject's good social ability, his ability to cooperate with the team, and his behavior that is respectful and pleasant.
- The expert noted that the enduring power of attorney was drawn up in September 2024 and notes that both in June at the time of his release from Adei Negev, and in July 2025, when he was examined by the expert, he was not in a cognitive state that would allow him to edit the document, and therefore it can be assumed that he was not fit to edit the document even between the dates.
- The expert notes that drafting a document of the type of enduring power of attorney is a very complex and long document and he concludes that To his impression, the subject could not understand the meaning and implications of the document in any way on the day he edited it. It was noted that the examinee does not have the ability to abstract and judge the required to prepare such a document, including in relation to the scenarios detailed in the enduring power of attorney that have complex implications.
- In a supplementary document as part of the clarification questions, the expert referred to the clarification questions he gave in"20 Respondents and clarified that he does not change the conclusions of his opinion.
- In the expert's interrogation in the evidentiary hearing, the court's impression was that the expert's opinion was very reasoned. The expert referred to the fact that it is indeed possible to have a conversation with the appointer in a pleasant and fluent manner, but it is not enough to be a person with basic knowledge and orientation. Recognition and having a pleasant conversation does not necessarily mean that a person has competence in general or competence to prepare legal documents in particular. The court's impression of the expert's interrogation is that he answered honestly, did not try to stick to his way of wording things, was right to listen to questions in the"as respondents, even when he was asked thorny questions. It should be noted that an hour was allotted for his interrogation, but"D. Melitz interrogated him for almost two hours, presenting assumptions that do not stem from the opinion, and yet the expert continued to answer patiently.
- I did not find any reason to deviate from the conclusions of the opinion. We are dealing with an experienced expert who has made the difference between a polite and pleasant person who has a pleasant conversation and a person who is qualified to draw up an enduring power of attorney.
Discussion and Decision:
- The possibility of drafting an enduring power of attorney is the result of a process and a revolution in the attitude of the legal frameworks in the State of Israel to the way a person's property is managed after his ability to manage his own affairs is limited. In the document itself, the person drafting it expresses his wishes and intentions in relation to the question of who will take care of his affairs when he is unable to do so himself.
- Section D of the Legal Capacity and Guardianship Law, 5722-1962 (hereinafter - the "Law"). Regulates, inter alia, the manner in which the power of attorney is prepared, the duties imposed on the person drafting the power of attorney, the manner of taking effect, the possibility of retracting the drafting of the power of attorney, the possibility of revocating it, etc.
- A basic condition for drafting an enduring power of attorney is that the appointer will be competent to sign the document when drafting it.
- The authority and discretion granted to the court to revoke an enduring power of attorney or an appointment by virtue thereof is regulated in section 3229 of the Law. Section 3229(a) establishes three alternative grounds for revocation:
"3229. (a) The court may revoke an enduring power of attorney or an appointment pursuant to it, if one of the following exists: