(1) The power of attorney does not exercise the powers in the power of attorney properly and as a result causes real harm to the appointer or does not act in accordance with the will of the appointer as stated in section 32i;
(2) The power of attorney was given as a result of fraud, abuse or the exercise of unfair pressure or influence on the appointer, or it was given when the appointer was incompetent;
(3) The court considered that in order to protect the interests of the appointer, the power of attorney is not sufficient and that a guardian should be appointed to take care of his affairs, in whole or in part".
- After the Judgment"Q Talk directly with the appointer who later"The proceeding even appointed an external guardian to manage all of its affairs, in light of the professional recommendations of the expert appointed by the court"Q And after hearing the investigations and reviewing the evidence, I found that the lawsuit should be accepted and the power of attorney signed by"10 The appointer.
- In the case of the appointer, they experienced"In the file in the heading, they are a report in the framework of the related case in which some of the Tav sons petitioned"Managing the process of appointing a guardian for their father.
- All the professional bodies are of the opinion that as of this time there is no dispute that the"A. is unfit to manage his affairs. The relevant experts are also of the opinion that at the time of drafting the document that is the subject of the proceeding, he was unfit to prepare legal documents and was even subject to unfair pressure and influence from family members.
- I am of the opinion that it is sufficient to look at the conduct of most of the litigants in relation to the execution of the decisions of the court"Q. Lack of cooperation with the Eshel examination process"A. In order to strengthen the impression of the legal guardian regarding the personal/emotional pressure in which the Eshel is subjected"A.
- Mention will be made regarding the assessment of the Eshel's cognitive state"1 For the law is that one must seek the help of his farm"4. Experts, and this is what we will do in our case.
- The experts, we will recall, and not the court, are Authorities in the Medical Field or in any other field for which they are mono. They have the tools, experience and professional expertise.
- The Expert unequivocally stated that The Appointer was cognitively incompetent to understand the enduring power of attorney and its implications at the time of its signing on September 26,2024 (a period between his release from "Adei Negev" and the day of his examination), and he also ruled that The Appointer He is not fit to manage his personal and property affairs even today.
- In the absence of significant evidence to contradict what was stated in the expert opinion, the court will be inclined to adopt the opinion's findings and conclusions (Civil Appeal Authority 4575/00 Anonymous v. Anonymous, Piskei Din 55(2) 321,332 (2001) And this is what I have found to be done in the case of the appointer, when the rest of the evidence also supports this conclusion.
- The conflict between the boys is turbulent and has a negative impact on Eshel's situation"1 And it shall be noted that even within the walls of the house"They were unable to conduct themselves in a substantive manner. Thus, for example, at the beginning of the evidentiary hearing, which was scheduled for January 1,2026, a mass brawl broke out between one of the parties and some of the witnesses who had been summoned, with complete commotion and chaos in the lobby of the court"Q, which was stopped only by the intervention of a large number of security guards in a criminal case - an extension of the date for the trial and the incident ended with the detention of some of the litigants and witnesses for interrogation by the Israel Police.
- I found it helpful to note the boys' substantive position in the framework of the request to appoint Apot to Eshel"a. There, in contrast to the manner in which they conducted themselves in the proceeding under the heading, they did not arouse a dispute between them regarding the conclusions of the report"S Les"4 For it is better to appoint an external apothecary.
- I found it to be noted that in practice even in the proceeding under the title, it was possible to formulate an agreement regarding the actual revocation of the power of attorney, since the impression of the court"Q was that there was an understanding that this should be done, but in practice the real dispute was with respect to the parties' attitude to other financial actions that were carried out since the appointer had the stroke. Unfortunately, no even procedural agreements were formulated on this matter, and therefore there was no choice but to call for a reasoned decision.
- There can be no dispute that the court"The authority and only the obligation to require the cancellation of a legal document signed by"10 A person being incompetent. As will be detailed below, I have not been able to accept the testimony of the lawyer before whom the enduring power of attorney was signed, for the reasons that will be detailed below.
- Status of drafting the power of attorney and investigation Attorney The document was prepared before him
- The law states In section 32d(a) Concrete and specific duties imposed on the lawyer who signs an enduring power of attorney. According to this section, the lawyer applies Professional Necessity Increased Ensure that the appointer understands the significance of granting the power of attorney, its goals and results, and that the document is signed of his own free will and without the use of unfair pressure or influence. These obligations are not purely technical but substantial, and are intended to protect the appointer from exploitation when his cognitive or physical condition is precarious
- The enduring power of attorney was drafted and signed by him"D. Halftar, who also represented the respondents at the beginning of the proceeding, and was subsequently replaced by"D. Melitz.
III. 77"D. Halter clarifies that he knew at the time of drafting the general power of attorney that the appointer had suffered a stroke and he confirms that he was aware of his condition, but he claims that he was presented with a medical document confirming the competence of the person drafting the power of attorney. This is what was argued in his affidavit submitted to the case, and this was even stated at the beginning of his testimony at the hearing on January 1,2026: