Where someone loses the ability to make decisions can’t their partner automatically take charge?

No, they cannot. It doesn’t matter if you are married or in a Civil Partnership it does not automatically follow that your partner can make decisions for you if you were to lose your mental capacity.

This is why it is important to plan ahead, think about what we call a lasting power of attorney and appoint the person you would like to take charge. If you do not, your loved ones will need to apply to the courts for the authority to make decisions for you.

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