Who has the legal right to make aged care decisions for a parent?

If the person still has mental capacity, they make their own decisions. If an Enduring Power of Attorney (POA) exists, the named person has authority when capacity is lost. If no POA exists and capacity has been lost, a family member can apply to the state guardianship tribunal to be appointed. Adult children do not automatically have legal authority over a parent's decisions.

What happens if there is no Power of Attorney and siblings disagree?

Without a POA, no single family member has automatic legal authority. Medical decisions are made by the treating team with input from next of kin. If consensus breaks down, a family member can apply to the state guardianship tribunal to be appointed as guardian. The best outcome is to establish a POA while the parent still has capacity — this window closes when capacity is lost.

How do families resolve conflict about whether a parent should go into residential care?

Base the discussion on observable facts rather than feelings — specific incidents, falls, or safety risks. Involve the GP who has clinical information family members don't. Consider a formal ACAT assessment through My Aged Care (1800 200 422) to get an independent clinical view. Visit facilities together. If conflict is entrenched, family mediation with an elder care specialist can resolve it in one to three sessions.

What is elder mediation and how do I access it?

Elder mediation is facilitated conversation between family members led by a neutral mediator trained in aged care disputes. It is not arbitration — the mediator helps families communicate and reach agreements. Most disputes are resolved in one to three sessions. Private mediators typically charge $200–$500 per hour with sessions running 2–3 hours. Contact Relationships Australia on 1300 364 277 or the Resolution Institute on 02 9251 3366 to find an accredited mediator.

AgedCareActionPlan.au

Free guide · Family conflict

When the people closest to you disagree about care decisions

Disagreements about care decisions — whether between partners, family members, or friends — are some of the most painful parts of an already hard situation. This guide covers who has the right to decide, what to do without a POA, and when to get outside help.

In short: Choose the situation that matches yours. Each section gives you a practical framework — not legal advice, but the decisions most families face and how to work through them. If a Power of Attorney doesn't exist yet and the person still has capacity, establishing one is the single most important action you can take today.

This is practical guidance, not legal advice. For complex legal questions, consult a solicitor who specialises in elder law.

By Steve Hadfield, AgedCareActionPlan.au

What's the situation?

⚖Who has the right to make decisions?→

📄There's no Power of Attorney — we can't agree→

🏋One person is doing everything, others aren't helping→

🔀We disagree about what level of care is needed→

💰There's conflict about finances or assets→

🧓Our parent is caught in the middle→

🚪An estranged family member is trying to get involved→

🤝We need outside help — it's gone too far→

Last updated: 25 April 2026 · This is guidance only — not legal advice

One thing true in every situation: The person receiving care has the right to make decisions about their own life. Family conflict is most easily resolved when every sibling refocuses on what the parent actually wants — not what each sibling thinks is best.

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Need a full plan for the person's care situation?

This is a guidance tool — not legal advice. For complex legal matters, consult a solicitor specialising in elder law.

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