Thank you for the question. If she lacks capacity and has not legally appointed someone to make decisions on their behalf, the hospital will act in what is in her best interest. Obviously in this case they feel it is in her best interest not to be discharged. The hospital must. consider the following;
- considering whether it's safe to wait until the person can give consent if it's likely they could regain capacity at a later stage
- involving the person in the decision as much as possible
- trying to identify any issues the person would take into account if they were making the decision themselves, including religious or moral beliefs – these would be based on views the person expressed previously, as well as any insight close relatives or friends can offer
If you wish to change this you will require to get Power of Attorney, it is possible to get this via the courts if the person granting does not have capacity.
I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area. This will provide you with someone nearby your area who can assist you if required.
I hope this information proved helpful. You will find a local solicitor who deals with these matters on the law society webpage which is as follows;
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