Hospital Discharge Teams – MCA & LPAs

Supporting safe discharge when decision-making is fragile

Hospital discharge teams regularly work with patients whose health has changed suddenly, leaving families under pressure to make decisions quickly.

Where mental capacity is borderline, fluctuating, or deteriorating, the absence of legal authority can delay discharge, complicate funding arrangements, and increase the risk of readmission.


PDF LPA explanation Referal form


Avoid the Court of Protection if possible


Why LPAs matter at discharge stage
If a patient still has sufficient capacity, setting up Lasting Powers of Attorney (LPAs) can:
• allow trusted family members to manage finances and care arrangements
• reduce delays caused by authority gaps
• avoid rushed Court of Protection applications later
• support continuity once the patient returns home or enters care

When to suggest advice
It may be appropriate to suggest LPA advice where:
• family members are managing practical matters informally
• discharge is delayed due to decision-making uncertainty
• capacity is expected to fluctuate or decline

Other signs: deterioration in appearance, issues with getting words out, substantial swings in behaviour, mood changes, erratic behaviour, paranoia (sometimes justified!)

Early advice can prevent a later crisis.

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