{"id":37546,"date":"2025-11-17T17:55:47","date_gmt":"2025-11-17T17:55:47","guid":{"rendered":"https:\/\/daruliftabirmingham.co.uk\/home\/?p=37546"},"modified":"2025-11-17T20:44:02","modified_gmt":"2025-11-17T20:44:02","slug":"use-of-a-mentally-incapacitated-parents-wealth-for-family-expenses","status":"publish","type":"post","link":"https:\/\/daruliftabirmingham.co.uk\/home\/use-of-a-mentally-incapacitated-parents-wealth-for-family-expenses\/","title":{"rendered":"Use Of A Mentally Incapacitated Parent\u2019s Wealth For Family Expenses"},"content":{"rendered":"

Fatwa ID: 08517<\/strong><\/span><\/p>\n

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Answered by Alimah Saleha Bukhari Islam<\/strong><\/span><\/p>\n

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Question:<\/strong><\/span><\/p>\n

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Please advise on the Shar’ee ruling regarding the utilisation and spending of the wealth of\u00a0 a mentally incapacitated Parent. The mentioned parent is suffering from Alzheimers Dementia, also known as Senile Dementia. The parent has a divorced daughter living with Him – Daughter has two Baaligh sons, one of whom resides in the home with his mother and Grandfather. Both sons are earning.<\/span><\/p>\n

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Specifically, to what extent can the wealth of the mentally incapacitated parent be used for the needs of the\u00a0 daughter, and grandson residing in the home ?<\/span><\/p>\n

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The divorced daughter has a part time job\/income and is primarily responsible for cooking for Parent, as there is a full time caregiver assisting Parent to do the everyday tasks. The Daughters part time job, involves using electricity and resources of the Parents home. The daughter has in the past refused an opportunity for gainful employment<\/span><\/p>\n

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What level of spending is the daughter entitled to from the said Parents wealth ?<\/span><\/p>\n

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Is she allowed to entertain guests using the Parents wealth? Is she allowed to send cooked foods to her son, who does not reside with her, using the Parents wealth ? Is she allowed to fill petrol in her vehicle, of which most of the driving is for personal use ?<\/span><\/p>\n

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In the name of Allah, the Most Gracious, the Most Merciful<\/strong><\/span><\/p>\n

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Answer:<\/strong><\/span><\/p>\n

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In Islam, managing the wealth of a mentally incapacitated person, such as a parent with Alzheimer\u2019s Dementia, requires careful consideration to make sure that their wealth is used in their best interests and in accordance with Shariah principles. Situations such as this usually receive a judgement from court, whereby the judge appoints a trustworthy guardian to\u00a0manage ones affairs and preserve their wealth. [1]<\/a><\/span><\/p>\n

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The wealth of a mentally incapacitated person should be managed by a guardian (Wali) or trustee (Ameen) who acts in the best interest of the incapacitated person. [2]<\/a> The primary use of this wealth should be for the care and needs of the owner (the parent in this case). This guardian is also allowed to responsibly use the wealth to support dependents living with the incapacitated person, such as providing for their food, clothing, and medical care, ensuring that expenditures are in line with the incapacitated person\u2019s standard of living.<\/span><\/p>\n

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The Quranic guidance on guardianship, originally meant for orphans, also applies to caring for mentally incapacitated individuals. Guardians are tasked with responsibly managing their property, ensuring all transactions are fair and conducted with honesty, especially with family involved. They must handle their duties within their abilities and keep all commitments related to the welfare of those they care for. The verse emphasises the need for guardians to be cautious and careful, protecting the rights and assets of both orphans and mentally incapacitated individuals until they can manage for themselves. Allah swt says in the Quran:<\/span><\/p>\n

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\u201cStay well away from the property of orphans, except with the best [intentions], until they come of age; give full measure and weight, according to justice\u2019- We do not burden any soul with more than it can bear- \u2018 when you speak, be just, even if it concerns a relative; keep any promises you make in God\u2019s name. This is what He commands you to do, so that you may take heed<\/em>\u2019\u201d\u00a0\u00a0\u00a0 [Q: 6, 152] [3]<\/a><\/span><\/p>\n

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The daughter\u2019s use of the parent’s wealth should be limited to what is necessary for her sustenance and care, particularly if she is contributing to the care of the parent. However, it should be proportional and not exceed what is typical for someone of her father\u2019s financial means and societal status.<\/span><\/p>\n

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