Is the permission of the living person required when performing Hajj or 'Umrah on their behalf if they are unable to do so?

Question:
May Allah reward you. What is the ruling on performing 'Umrah or Hajj without the permission of the person for whom it is being performed, if that person is unable to perform Hajj?

Answer:
His permission is required because this is an agency (wakalah). The principal must give permission so that the intention can be formed, for worship requires an intention. Therefore, the one performing Hajj on behalf of the principal forms the intention on the principal's behalf. As for the deceased, this is not required because he has no permission to give for Hajj to be performed on his behalf. As for the living person, his opinion must be taken. Yes.