Distribution of wealth of person with dementia among heirs
Question
My grandmother has dementia. She gets money from benefits and pensions, which goes directly into her account. This money is only used for her needs. Legally, we cannot do anything else with this money. She has a surplus of money in cash from inheritance, just sitting at home. Can this money be distributed to her inheritors as it is just piling up?
بسم الله الرحمن الرحیم
Answer
The surplus money needs to be preserved until her demise. It will be distributed among the heirs after her demise, not before. It is possible that one of the presumed heirs passes away before her in which case they would not receive inheritance from her. It should be noted that her consent does not make a difference, because she lacks capacity.
Allah knows best
Yusuf Shabbir
1 Muḥarram 1445 / 18 July 2023
Approved by: Mufti Shabbir Ahmed and Mufti Muhammad Tahir
