Can an LPA be used with the NHS?

By Matt Cresswell, Founder of Power of Attorney Online and author of
Everything you ever wanted to know about LPAs (but were afraid to ask)

07th August 2025

Updated: Thursday 29th January 2026

Can an LPA be used with the NHS? is a timely question as delayed discharge continues to place intense pressure on the NHS. Throughout this article we explain how Lasting Power of Attorney can help ease NHS bed blocking Many patients who are medically fit to leave hospital remain on wards because key decisions about care, treatment or funding cannot be made quickly enough. One often overlooked cause of these delays is the absence of a Lasting Power of Attorney, which can leave families and clinicians unable to act when it matters most.

Understanding how a Lasting Power of Attorney works helps explain why it can play an important role in easing NHS discharge pressures.

What Causes Bed Blocking in the NHS?

Bed blocking happens when a patient is ready for discharge but cannot leave hospital because essential arrangements are not in place. These arrangements often include agreeing care packages, approving care home placements, adapting a home or confirming ongoing treatment decisions.

When a patient lacks mental capacity and no one has legal authority to act for them, decisions can stall. Hospital staff may be forced to wait while legal approval is sought, even when families are willing to help.

How Decision Making Changes with a Lasting Power of Attorney

A Lasting Power of Attorney allows a person to appoint trusted attorneys to make decisions if they lose mental capacity. A Health and Welfare LPA covers care, treatment, and living arrangements. A Property and Financial Affairs LPA covers funding, contracts and payments.

When an LPA is registered, attorneys can act immediately within their powers. This means care plans can be agreed, treatment decisions confirmed, and placements approved without delay.

Why the Absence of an LPA Slows Hospital Discharge

Without an LPA, doctors and social services may need to involve the Court of Protection to make decisions on behalf of the patient. This process can take weeks or months and often causes distress for families.

Even routine matters, such as signing a care home contract or releasing funds to pay for home care, can become impossible. As a result, patients remain in hospital longer than medically necessary.

How LPAs Support Families During Discharge Planning

Many people assume that a spouse or close relative automatically has authority to make decisions. In reality, this is not the case. Without an LPA, families often find themselves excluded from formal decision making.

With a registered LPA, families can work alongside healthcare professionals confidently and legally. This reduces confusion, improves communication, and supports smoother discharge planning at a difficult time.

The Wider Impact on the NHS

Each delayed discharge occupies a hospital bed that could be used for another patient. NHS data consistently shows that thousands of beds are taken up by patients who are medically fit to leave.

By enabling faster decision making, Lasting Powers of Attorney can help free up beds, reduce costs and improve patient flow. While not a complete solution, wider LPA adoption could contribute meaningfully to reducing pressure on the NHS.

Why Planning Ahead Matters

A Lasting Power of Attorney can only be set up while someone still has mental capacity. Illness or accidents can happen at any age, which is why many experts recommend arranging an LPA early in life.

Planning ahead ensures that loved ones can act quickly and lawfully when it matters most, protecting both the individual and the healthcare system.

Preparing with Power of Attorney Online

Bed blocking is a complex issue with many causes, but legal readiness is one area individuals can control. Power of Attorney Online makes it simple to set up a Health and Welfare LPA and a Property and Financial Affairs LPA with guided support and expert checks.

By preparing in advance, families gain peace of mind and help support a more efficient NHS for everyone.

Written by Matt Cresswell

Matt Cresswell is the Founder of Power of Attorney Online, a service helping people across England and Wales create Lasting Powers of Attorney through guided online support and expert document reviews. He founded the business following his father's diagnosis with dementia, after experiencing first-hand how confusing the LPA process can be for families. Matt's expertise focuses on Lasting Powers of Attorney, planning ahead and helping families prepare for the future before a crisis occurs.