To Use the Property of an Unconscious Mother

Q: My mother owns a house run by my brother including renting it to others. Several years ago she went into senile dementia and it became impossible to come to an understanding with her or ask for her opinion. Now I want to rent an apartment in her house. What should we do in this regard?

A: If the shar‘i owner of the house is conscious to the level that she can discriminate between good and bad and profit and loss, renting the apartment out is contingent on her approval. But, if she lost even this level of consciousness, she has no control over her properties but it is theauthorized religious authority who has guardianship over her. Therefore, renting out the apartment depends on the permission of the authorized religious authority or the permission of whoever he appoints as a guardian over her and her properties.