How Lasting Power of Attorney Could Help Solve the NHS Bed Blocking Crisis
07th August 2025
Hospital bed blocking, or delayed discharge, is one of the most persistent challenges facing the NHS. It occurs when a patient is medically fit to leave hospital but cannot be discharged due to a lack of appropriate care arrangements. This often stems from the need for home adaptations, placement in care homes or formal decisions around ongoing treatment and support. A lesser-known but crucial factor in this delay is the absence of a Lasting Power of Attorney (LPA).
An LPA allows an individual (the donor) to appoint someone they trust (an attorney) to make decisions on their behalf if they lose the capacity to do so. This includes decisions about health and welfare, such as medical treatment, living arrangements, and care plans, as well as property and financial affairs.
Here’s how having an LPA in place could help reduce delayed discharges:
1. Faster Decision-Making
When someone lacks mental capacity and doesn’t have an LPA, healthcare professionals could need to seek decisions from the Court of Protection, which is a lengthy and expensive process. With an LPA, attorneys can make those decisions immediately, whether that’s consenting to a care home placement or arranging necessary support services at home.
2. Enabling Discharge Planning
Discharge planning often requires cooperation between hospital teams, social services, and family members. If there’s no legal authority to act on the patient’s behalf, care packages can’t be authorised or funded, housing adaptations stall and care home contracts go unsigned. Attorneys appointed under an LPA have the legal power to coordinate and approve these arrangements swiftly.
3. Reducing Stress for Families
In many cases, families are unaware that they don’t have an automatic right to act for their loved one. Even a spouse or next of kin cannot legally make health or financial decisions without an LPA. This leads to confusion, frustration, and, ultimately, delays. An LPA brings clarity and peace of mind, allowing families to act confidently when every day counts.
4. Protecting the NHS
Each hospital bed costs the NHS hundreds of pounds per day. According to NHS England, thousands of patients occupy beds they no longer clinically need, stretching resources and delaying care for others. LPAs can play a small but meaningful role in alleviating this pressure by making discharge decisions smoother and more efficient.
5. Planning Ahead is Key
It’s important to note that you can only set up an LPA while you still have mental capacity. That’s why experts like Martin Lewis recommend doing it early: he’s had one in place since the age of 35. LPAs are not just for the elderly; accidents or sudden illnesses can affect anyone. Planning ahead ensures that if the worst happens, someone you trust can act immediately.
Bed blocking is a systemic issue with many causes, but a proactive approach to legal planning can help. Encouraging more people to set up an LPA through services like Power of Attorney Online could ease the burden on hospitals, speed up recovery journeys and ensure people get the right care at the right time.
