The ruling on distributing the wealth of a father suffering from dementia during his lifetime

Question:
We received these questions via fax from the questioner Abu Mu'adh from the Noble Makkah. He says: Honorable Shaykh, a father gave one of his sons agency to manage his wealth in the best interest and to give from his wealth to whichever of his sons needs it. Then the father was afflicted with dementia, and the sons, including the one holding the agency, decided to distribute the father's wealth according to the legal shares of inheritance, and to keep a portion of it for the benefit of their father so that he could benefit from it. Is this valid?

Answer:
This is not permissible. It is not permissible to divide a person's wealth as long as he is alive, except with his permission. And since he does not have awareness, it is obligatory for his agent, who acts in his place, to preserve his wealth and keep it safe for him. He should not take out anything from it, except if he has debts; in that case, he pays the debts that are upon him. As for dividing it, it is not permissible while its owner is alive, because a person is not inherited from as long as he is alive. This wealth is not theirs as long as its owner is alive; it is not theirs, it belongs to its owner. Yes.

The presenter:
May Allah reward you with good,