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Fatwa CenterSenile Mother Receives Pension and Issue of Inheritance of Her Deceased Husband
Question
Assalamualaikum,What are the rulings on managing a parent's wealth for their welfare and well-being? Our mother is a widow of 10 years and is becoming frail in health, mind, and spirit. She still receives a little monthly pension from our late father's office that she uses for her needs, e.g. groceries, bills, etc. Alhamdulillah, her children are self-sufficient, but we are by no means wealthy. We are thinking of using some of her money to repair her house, which is very old and getting run down. It might take too long if we were to pool our money first but we are still in debate on whether we have the right to use her money/spouse inheritance for this purpose. Please advise.Jazakumullah khair.
Answer
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad 
is His slave and Messenger.
If the mother is sane, then you have no right to dispose of any of her wealth without her permission.
However, if the aging affects her mind to the limit of senility, then she must be prevented from disposing of her wealth, but it is only the Judge who has the right to prevent her from disposing of her wealth, and he is the one who assigns a trustee to manage her wealth.
Ibn Qudamah 
said in Al-Mughni: “It is only the ruler (judge) who has the right to prevent him from disposing of his wealth.”
In case she is prevented from disposing of her wealth, then the one who manages her money shall not dispose of it except for her interest. Therefore, if repairing her house is for a considerable reason, then it is permissible to spend her money in it; otherwise, it is not permissible.
Al-Muhadh-dhab in the Fiqh of Imam As-Shaafi’i, authored by ash-Shirazi reads:
“The trustee shall not dispose of the wealth of the person who is prevented from disposing of his wealth except according to the benefit of this wealth (in preserving it, investing it, and making it grow), and the trustee does not dispose of the wealth of the person who is prevented from disposing of his wealth except for the benefit and welfare of its owner.
As for the monthly pension that the mother receives from the office of the deceased father, then this needs more clarification. This is because it may be an exclusive right for her, or it may be shared between her and the rest of the heirs of the deceased father, which need to be divided among them each according to his/her legal share in the inheritance. Therefore, we cannot assume probabilities that may not be real as the issue is complex, so we recommend consulting any of the scholars directly if possible, to clarify the matter to him and provide him with necessary details.
Allah knows best.
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