Can a daughter dispose of the money of her elderly, ill mother who has been afflicted with dementia, given that the mother used to give charity when she was of sound mind? Is it permissible for the daughter to give charity on her behalf as she used to do?
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The questioner : Peace be upon you.
The Shaykh : And upon you be peace and the mercy of Allah.
The questioner : Your Eminence, an elderly woman lives with one of her daughters. This elderly woman has money, and her mental health is not good now. Before her mind became this way, she was accustomed to giving money to her daughter’s children during Ramadan or on the festivals, and she would also feed people in Ramadan by preparing dinner. Now the daughter is doing what the mother used to do previously, and people have criticized her, saying: “It is not permissible for you to do this.” What is your opinion, Your Eminence?
The Shaykh : Yes, the correct view is that it is blameworthy; it is blameworthy for the daughter to dispose of any of her mother’s money now. Because when her mother was of sound mind, the matter was in her hands. But when her mind became impaired, she must have a guardian. Therefore, we say that she should not dispose of any of her money except after obtaining guardianship from the court. It is obligatory for her now to go to the court, inform the judge of the situation, and request guardianship over her mother.
The questioner : Does the guardian have the right to do the same thing?
The Shaykh : What?
The questioner : The wali.
The Shaykh : If she has a guardian, he does not dispose of her money except for what is obligatory. As for voluntary giving, he does not dispose of any of it.
The questioner : May Allah reward you with good.
The Shaykh : And upon you be peace and the mercy of Allah.
The questioner : Your Eminence, an elderly woman lives with one of her daughters. This elderly woman has money, and her mental health is not good now. Before her mind became this way, she was accustomed to giving money to her daughter’s children during Ramadan or on the festivals, and she would also feed people in Ramadan by preparing dinner. Now the daughter is doing what the mother used to do previously, and people have criticized her, saying: “It is not permissible for you to do this.” What is your opinion, Your Eminence?
The Shaykh : Yes, the correct view is that it is blameworthy; it is blameworthy for the daughter to dispose of any of her mother’s money now. Because when her mother was of sound mind, the matter was in her hands. But when her mind became impaired, she must have a guardian. Therefore, we say that she should not dispose of any of her money except after obtaining guardianship from the court. It is obligatory for her now to go to the court, inform the judge of the situation, and request guardianship over her mother.
The questioner : Does the guardian have the right to do the same thing?
The Shaykh : What?
The questioner : The wali.
The Shaykh : If she has a guardian, he does not dispose of her money except for what is obligatory. As for voluntary giving, he does not dispose of any of it.
The questioner : May Allah reward you with good.