Israeli Court Upholds Elderly Mother's Gift of Apartment Building to Daughter, Rejects Son's Guardianship Bid

The Family Court in Petah Tikva recently ruled in a dispute between siblings over their elderly mother's property and guardianship. The mother, aged 84, had gifted her daughter a building containing five apartments and appointed her as her sole legal guardian through a lasting power of attorney signed in 2021, which would take effect if she experienced cognitive decline. The son sought to be appointed as an additional guardian and challenged the property transfer, claiming his sister exploited their mother's dependence to transfer ownership unfairly and requested a neutral party to protect their mother's assets.

The daughter argued that their mother was still mentally competent and did not require an additional guardian. The mother herself testified against appointing her son as guardian, expressing anger at him for not speaking to her for three years and excluding her from family events after learning about the property gift.

Judge Shirly Shay ruled in favor of the daughter, emphasizing that the mother voluntarily transferred the property and wished to keep control with her daughter. The court noted that the lasting power of attorney legally prevents appointing another guardian unless it is activated, which had not occurred. The judge also found the son acted in bad faith, having previously pursued a similar rejected claim, and criticized him for bypassing his mother's wishes.

Consequently, the son's claims were dismissed, and he was ordered to pay 15,000 shekels in legal costs to his sister. The ruling underscores respect for the elderly mother's autonomy and legal arrangements made in advance regarding her care and property.