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 exists, the named person has authority when capacity is lost. If no POA exists, a family member can apply to the state guardianship tribunal to be appointed.

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

Without a POA, no single family member has automatic legal authority. If consensus breaks down, a family member can apply to the state guardianship tribunal. The best outcome is to establish a POA while the parent still has capacity.

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. Most disputes are resolved in one to three sessions. Contact Relationships Australia on 1300 364 277 or the Resolution Institute on 02 9251 3366.

Free guide · Family conflict

When the people closest to you disagree about care decisions

Disagreements about care decisions 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. 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 everyone refocuses on what the parent actually wants — not what each person thinks is best.

Getting everyone aligned

A written plan is the document everyone can agree on.

Most disagreements about aged care aren't really about the care decisions — they're about who has the information and who's doing the work. A personalised Action Plan gives everyone the same picture: what the system requires, what it provides, and what needs to happen next. It's the shared reference point that takes the argument out of it.

Get the Action Plan — $79 →

🛡

30-day money-back guarantee. If this plan doesn't help, reply to the delivery email for a full refund. No form, no justification required.

Navigator membership

Once care is underway, Navigator monitors monthly statements and reassessment windows — giving every family member the same objective picture of what's happening.

$19/month. Cancel anytime. No lock-in.

Learn about Navigator →

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

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