VII. The court's impression is that it is doubtful whether it was possible not to notice in real time the same confusing situation that both the court and the court"Q was impressed about him in the matter of the appointer.
VIII. I found that the testimony of Aw"D. Halter does not conform to what was stated in his affidavit in a determined manner, as if he had been presented with a medical document and an impression of the court"S is that"d. Helpeter, as far as he was concerned, did not need to examine a medical document, since in his impression the appointer was lucid and competent. Had he indeed been presented with the medical document, it is possible that he would have fulfilled his duty to demand the presentation of detailed and up-to-date medical documents, and it has been proven that this was not done.
- In our case, the testimony of the power of attorney, Adv. Alon Halter, shows that the appointer's signature on September 26,2024, was done without meeting the standard of examination required by law. Adv. Halter confirmed that he knew that the appointer had suffered a severe stroke in April 2024 and was hospitalized in a rehabilitation institution, but despite this, he made do with a superficial impression and a general conversation with him In his home and office.
- Where the lawyer is aware of a complex medical and cognitive background, the duty of clarification and the impression imposed on him by virtue of Section 32D(a) The law is doubly stringent, requiring up-to-date and detailed medical references. A demand that was not fulfilled in this case.
Conclusion
- When I found it necessary to adopt the expert's conclusion and even the impression of the appointee, as well as my own impression of the appointer in a conversation with him that took place in the courtroom in the presence of the appointee, I found that there is an obligation to order the cancellation of the enduring power of attorney signed by the appointer.
- While my conclusion is that the appointer was incompetent, I will note that there is no room to expand even with regard to reasons of pressure and unfair influence, but I will clarify that in our case there is certainly a factual basis that supports the reason for canceling the power of attorney for these reasons as well.
- We are dealing with an almost helpless man, whose only desire is for his sons to conduct themselves in peace and with cooperation, and he has not been privileged and does not merit to witness this in his old age. On the contrary, the sons attract as"1 In his way and in the intensity that characterizes his personality, the Eshel"A to the other side and thus cause him immense and indescribable pain.
- It is not superfluous to clarify that the"Q does not close his eyes to the understanding and knowledge that significant actions have already been carried out on Eshel's property"a. by virtue of additional legal documents signed by him during the relevant period, and thus in effect "We emptied" Most of his assets, but this matter is not within the scope of the claim in the title and therefore I will not be required to examine each and every action and appropriate procedures must be taken.
Thus, for example, in the background of the matter, it is made clear that the Eshel"A in conversation with Beham"S. clarified that he was not even aware that his rights in one of the apartments had been transferred to a certain grandson, and as far as he was concerned, he wanted and wanted all of his property to be bequeathed to his five sons in equal parts between them. He said this on several occasions to a number of parties.
- I believe in the matter of the eshel"1. Because not only was the document signed by him when he was incompetent, but the document was signed during the period and in the manner in which pressure was exerted on him to sign different types of documents and against his interest and his essential desire that a dispute should not arise between his sons.
- Beyond all of the above, in the related case it became clear - and there is no further dispute about this - that it is not in the interest of the Ashlu Achlu that its affairs be managed by any of the sons only, and in particular in view of the fact that the power of attorney, ., lectures periodically in prison as has happened in the past and even during the course of the proceedings. As evidence, all of the sons gave their consent to the appointment of a neutral external guardian, and thus serves as an independent and additional reason for the cancellation of the document.
- A. From all of the above, I find acceptance of the claim and order the cancellation of the enduring power of attorney
held by the appointer on September 26,2024.