In 2021, Plaintiff, Amanda Johnson suffered a brain injury from a motor cycle accident and was subsequently adjudicated to be incompetent and was appointed a guardian. Plaintiff was awarded $300,000 for personal injury from the motorcycle accident. A year after her accident Plaintiff was declared to be competent and was given the ability to manage her own affairs. She received $1,900 per month from social security and from interest income from a mutual fund that was funded from the $300,000 she was awarded. Plaintiff was introduced to Charles Keyling through a friend and Charles Keyling convinced Plaintiff to invest in Charles Keyling's business. Mr. Keyling had been seeking funds to assist repayment of a loan that he had defaulted on with Big Mountain National Bank. Plaintiff was advised by Mr. Keyling to take out a loan using her mutual fund income as collateral.

Mr. Keyling discussed the potential loan agreement with David Schroeder, President of Big Mountain Bank. Mr. Schroeder indicated that the Bank would be willing to loan Plaintiff $300,000 on the understanding that the mutual fund would be used for collateral. Mr. Schroeder then spoke to the Plaintiff's financial consultant to verify the existence of the bank loan. Plaintiff eventually received the money from the Bank, putting up her mutual fund as security. Plaintiff invested the money into Mr. Keyling's business. Mr. Keyling's business though failed and the Plaintiff lost the full amount of her investment. Plaintiff then brought suit against Big Mountain Bank alleging, that the Bank knew or should have known about Plaintiff's mental incapacity and that the Bank breached a fiduciary duty owed to her.

As the trial Judge, identify the legal question at issue, state how you would rule and the legal basis for your ruling.