Can a family member borrow from someone estate even though they are still alive with Demensia

UPDATED: Oct 1, 2022

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Can a family member borrow from someone estate even though they are still alive with Demensia

Good Afternoon, I have a question which relates to my Mothers Estate, she is 100 years of age and suffers with Demensia. A family member who is in a financial bind wishes to borrow from her estate, and possibly have no means of paying back the loan. Is this legal to give out the money? My mother does not have a Enduring Power of Attorney and is not capable of making any decisions on her own.

Kind Regards, Kerry

Asked on December 11, 2017 under Estate Planning, Alaska


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I would strongly advise against this.  From what you have written, your Mother does not have the mental "capacity" to enter in to an agreement with anyone. Someone needs to step up here and apply for guardianship and conservator of your Mother to protect her and her assets.  Good luck.

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