Hospital discharge and your LPA
Guidance from Estate Advisory Group
Discharge planning moves fast. A registered health and welfare attorney has a formal say in it.
Your position
- Where the donor lacks capacity to decide where they go, the decision is yours as welfare attorney, in their best interests.
- Ask for the LPA to be scanned onto the record on day one, and give the ward a certified copy.
- You are entitled to be part of the discharge meeting and to see the discharge plan.
- Ask for a CHC checklist before discharge, not after. See NHS Continuing Healthcare.
If the plan is not safe
- Say clearly and in writing that you do not agree, and why.
- Ask for an occupational therapy home assessment and a care package to be in place first.
- Ask about intermediate care, reablement or a discharge-to-assess bed.
- Escalate to the discharge coordinator, then PALS, then a formal complaint.
What you cannot do
You cannot keep the donor in hospital
An attorney cannot require continued admission, and cannot commit to paying for care under a health and welfare LPA. Funding decisions need the financial attorney.
Common questions
Can the hospital discharge to a care home without me?
Not where the donor lacks capacity and you hold a registered health and welfare LPA covering residence. You must be consulted.
Do I have to take my parent into my own home?
No. You are never obliged to provide care yourself.
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This is general information about how Lasting Powers of Attorney work in England and Wales. It is not legal advice about your situation. What we do and do not do.
Published by Estate Advisory Group