" From what I remember, I did know that he was after a stroke and he was hospitalized in Adi in the Negev, which is also a place I know personally.
People who treated him and he came to my office and if I remember correctly even then I saw some kind of medical certificate that everything was normal, even then I talked to him, I talked to him, and I got the impression that he was fully fit. I was definitely aware of his condition. "
- With regard to the testimony of Aw"4 I have found it clear that even if"D. Helter held a medical certificate in the matter of the appointer, this is only one of the indications And even if he fulfilled his obligation by reviewing the medical document, this does not confirm that he did not make a mistake in assessing the appointer's condition.
Moreover, despite what was stated regarding the alleged examination of a medical document by Adv. Helfter, contrary to the general statement on this matter, his testimony turned out differently and I doubt whether in light of Adv. Helfter's testimony he was indeed presented with such a document, since he did not remember the meaning of the document and continued to define it as "some kind of authorization" (this is contrary to what was stated in the affidavit where there was a reference to a concrete document with a concrete date) and he did not even remember or know what was written in it, as well as from his testimony:
" I have to go and check the file, I think I did see some kind of medical certificate but he came to my office, I talked to him, I know him, not the first time. I I was impressed by itI asked him questions, I talked to him, I got the impression that he was fully fit. "
. ....
It was not yet possible to accept Adv. Helpeter's approach and version regarding the content and importance of reviewing a document of this type, and thus from his testimony:
" My answer is that I can't know because I don't know if at that time I was presented with this document or not, but in any case, my personal impression with the person was that he was fully qualified"
- In fact, the drafter of the document, in complete contravention of his obligation under the law, suffices with his self-evaluation, even though his training is in the field of law and not in the field of medicine, and in complete contradiction to what is stated in his affidavit, it turns out that in fact he does not know at all whether he was presented with the document and which document.
- I found it clear at this point that lawyers who draft special legal documents such as a will and enduring power of attorney should expand their professional impression and not be satisfied with the information provided to them by the family or their general impression. This is especially true when he is told concretely that the editor of the document has suffered a stroke, a few months before the document was edited.
Where an enduring power of attorney is drafted before a lawyer, he must make sure that the document editor is qualified to edit the legal document and not just have a pleasant conversation.