Schizophrenic brother had money-700 put in his acount in error by the bank. He is delusional and believed God sent him the money. He spent i...

Question

Schizophrenic brother had money-700 put in his acount in error by the bank. He is delusional and believed God sent him the money. He spent it. He has limited money - on disability and it takes what he makes to live. Who is liable? The bank who made the error or the schizophrenic who did not realize he did anything wrong?

Answer

Your brother is liable civilly, but probably not criminally. If he genuinely didn't realize the money belonged to someone else when he spent it, then he didn't commit a crime and shouldn't be punished for it. But he still owes the money to the bank.