A few months ago, Professor Angela Wallace, Executive Director of Nursing and Midwifery for NHS Greater Glasgow and Clyde, once again highlighted the considerable number of patients who, despite being fit enough, cannot leave hospital.

One of the predominant reasons causing the delays is that, when a patient does not have a Power of Attorney, their loved ones may not be able to approve the care plans which would allow their discharge.

If a person cannot consent to matters affecting their welfare, which includes decisions relating to care and whether they can be relocated to a care home, there can be significant legal issues. Unless there is an........

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