A woman contended that a lasting power of attorney executed by her elderly father in which he appointed her brothers as his proxy, was unduly executed due to the father's legal incompetence. This, because the power of attorney was drafted after the father was referred to brain training for dementia and despite the fact that a medical opinion was made before the execution.
The Court held that the power of attorney was duly made. A lasting power of attorney is a legal tool a person to set who will take care of his affairs if and when he cannot take care of them himself due to medical circumstances of lack of legal capacity. Israeli law enumerates a number of cases in which a lasting power of attorney is revoked, including when the power was executed as a result of fraud, exploitation, etc., or when the donor was not legally qualified to execute it. Here, the fact that the donor was referred to brain training for dementia does not indicate that the scope of the dementia is significant to the extent that it negates his legal competence. Regarding the medical opinion made before executing the power - it is a routine procedure and even a mandatory one prior to executing such a document under the circumstances of conflict or old age and, in fact, the opinion showed that the donor is legally competent. Therefore, the power of attorney was duly executed.