Around 70 patients who are ready to go home are currently unable to leave Glasgow hospitals because they do not have the right legal arrangements in place.

The patients, who are mostly older and have reduced capacity because of conditions such as dementia, went into hospital without power of attorney in place.

They could be waiting up to six months as the process to put one in place can be reliant on finding a lawyer and securing legal aid, according to Ann Cummings from Health and Social Care Scotland.

Ms Cummings, an older people’s services manager in Glasgow, says: “If an older person goes in hospital for an operation or a physical condition, the health system fixes them and then we send them either home or home with a care package.

“But if a person doesn’t have capacity, and they can't return home because they need 24 hour care, we can’t send them home. We can’t admit them to a care home, because we’ve got absolutely no powers to do that under the legislation.”

The problem is replicated right across Scotland, and health care bodies, charities and legal organisations have come together in a new campaign to urge more people to have power of attorney registered with the Office of the Public Guardian (Scotland).

This gives a trusted family member or friend legal powers to oversee their loved one’s welfare and financial affairs in the case of accident or illness where they cannot make their own decisions.

Ann Cummings describes it as an “insurance policy” that everyone should have in place.

“Hospital discharge: it’s always an issue, but it’s a massive issue now because of ambulance queues outside hospitals, A&Es full to bursting.

“But today there’s 70 people delayed in hospital and they’re likely to be in hospital for six months. They’re likely to be sitting in a hospital bed, isolated.

“We always talk about the politics of this – about discharge being a problem – but it might be your dad or my dad who might be sitting in hospital. What we know from all the research is that hospitals are not a good place for old and vulnerable people, people who are over 80.”

But the cost of putting power of attorney in place – between £250 and £400 – can be a barrier to many.

“Today there’s 70 people unable to leave Glasgow hospitals, because they don’t have power of attorney, they can’t go home, and 65% of them are people who live in the poorer parts of town.

“That cost is a barrier to a lot of people… it is an equality issue.”

The campaign is being backed by the Office of the Public Guardian (Scotland), Scottish Legal Aid Board, the Law Society of Scotland and Alzheimer Scotland.

Kirsteen Watson, Assistant Manager of Civil Legal Services at the Scottish Legal Aid Board, said support for people with low incomes is available.

She said: “Anyone with a weekly disposable income of up to £245 could be eligible for advice and assistance to have a solicitor prepare a power of attorney on their behalf.

“Our website has an online calculator to help find out whether you may qualify for advice and assistance. We also have a listing of solicitors you can search to see if there is one who can act for you locally, and some may offer online consultations during these pandemic-restricted times.”

Read more: Watchdog: Law broken in some hospital discharges; Insight: A&E facing winter pressures “all year round”; New push to help patients "lost in system"

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