Court Orders Son and Daughter-in-Law to Repay $400,000 to Elderly Mother

A family court in Jerusalem has largely accepted a financial lawsuit filed by an elderly woman against her eldest son, daughter-in-law, and grandson. The woman accused them of emptying her and her late husband's bank accounts over several years. The court ordered the son and his wife to return approximately 1.5 million shekels (about $400,000) plus interest and linkage to the plaintiff.

According to the lawsuit, the mother, who married at 17 and was described as dependent and uneducated, entrusted all financial matters to her husband. After he suffered strokes and lost the ability to manage the family's finances, their son took over using a general power of attorney granted in 2017, which allowed him to access joint bank accounts. The mother alleged that the son and his wife exploited this position, withdrawing vast sums for personal use, including purchasing two offices in Tel Aviv, funding home renovations and building a housing unit where the son's family lived in difficult conditions, and buying vehicles and paying for studies.

The son, daughter-in-law, and grandson countered that all financial actions were done with the parents' consent, particularly the father's, who was mentally sound until shortly before his death. They claimed some funds were given to the son as a gift for his devoted care of his parents and presented a handwritten document from 2020, allegedly written and signed by the mother, approving the son's actions.

The court adopted the findings of an accountant appointed as an expert. The court determined that out of the approximately two million shekels withdrawn, the funds taken by the son and his wife were not proven to be gifts. Regarding the 2020 document, the court ruled it invalid, stating that although written by the mother, it was created too close to the time suspicions arose against the son and did not demonstrate her understanding of the extent of the funds taken. The court ordered the son and daughter-in-law to return 1,566,450 shekels, including about 40,000 shekels for a car purchased for the grandson. They were also ordered to pay 80,000 shekels in legal costs to the mother.

An attorney specializing in civil law explained that while the power of attorney and account access were valid, authorization to act does not equate to ownership. The presumption of a gift between parent and child was rebutted, and the burden of proof shifted to the son to demonstrate the funds were gifts, a burden he failed to meet without any supporting documentation. The court's decision underscores that those with power of attorney and account access owe a duty of accountability, and a lack of documentation is detrimental.