The Effects of Legal Delays on Hospital Beds and Burden on Families

DEMENTIA TRUST WARNS LEGAL DELAYS CONTRIBUTE TO BLOCKING HOSPITAL BEDS AND PUTTING FAMILIES UNDER STRAIN

Delays in discharge from hospital for people with incapacity may be costing NHS Scotland hundreds of thousands each week.

The Dementia Trust has issued an urgent call for adults across Scotland to put a Power of Attorney in place, as new data from Public Health Scotland reveals Adults With Incapacity hospital bed day delay cases have risen more than 40% in the last three years alone and may be costing NHS Scotland hundreds of thousands each week.

The data also shows the number of adults impacted is rising sharply with almost 2,000 adults in Scotland stuck in hospital last year longer than was necessary because no one had legal power to decide their discharge.

Sandra McDonald, Chair Emeritus at Dementia Trust and former Public Guardian for Scotland, said: “These delays cause heartbreak for families when a loved one legally cannot be discharged because no one has the authority to make decisions on their behalf. Families who want to do the right thing find themselves locked out and many people are surprised to learn that even a spouse or adult child can’t automatically step in to make decisions. Having a Power of Attorney in place can eliminate a lot of unnecessary stress and uncertainty at a vulnerable and upsetting time.”

Adults With Incapacity patients spend an average of 11 weeks in hospital waiting for discharge decisions. For the longest 1% of cases, adults whose capacity has been formally assessed as impaired waited more than a year in hospital for legal authority to be sorted.

Professor June Andrews, OBE, Special Advisor and friend of the Dementia Trust working with Sandra to support this campaign added: “Delays in hospital are bad news for patients who have dementia.  Unnecessary hospital time undermines their independence which increases their need for care afterwards.  The financial and personal cost of that increased dependency falls on the patient and their family."

As part of its Planning Ahead campaign, The Dementia Trust is partnering with local solicitors and dementia experts to raise awareness of the importance of putting Power of Attorney in place. A new online hub provides practical resources and guidance for both legal professionals and families, making it easier to start conversations and access support.

Participating law firms will take part in a dedicated ‘POA Month’ in February 2026, pledging to raise awareness among clients and donate 10% of Power of Attorney income to The Dementia Trust. 

Catriona Torrance, Private Client Partner at Balfour+Manson, said: “The best time to put a power of attorney in place is when you don’t need it. We encourage clients to speak to us about powers of attorney at any stage of life, as it can make an enormous difference at what might otherwise be very distressing circumstances. We also encourage everyone to start opening up important discussions about your wishes, and how you would like to be supported should the need arise. With good professional advice, putting an appropriate power of attorney in place gives you confidence and peace of mind.”

The Dementia Trust is a Scotland-based charity that has spent over 40 years improving the lives of people living with dementia, their carers and the professionals who support them. To find out more about ‘Planning Ahead’ and where to go for legal advice on Power of Attorney, please visit: https://dementiatrust.org/planning-ahead

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