Elder law in Australia addresses the legal and practical issues affecting older adults, including health, estate planning, powers of attorney, and guardianship. Older people can become embroiled in family law disputes though not so much between themselves, but in the maelstrom that can arise from the breakdown of their children’s relationships. A critical intersection involves disputes among adult children over guardianship or financial management when an elderly parent experiences cognitive decline, illness, or incapacity.
Guardianship and Administration:
Guardianship arrangements are made when an individual cannot make personal decisions due to diminished capacity. Under the Guardianship and Administration Act 2019 (Victoria) and similar frameworks across Australia, Victorian Civil and Administrative Tribunal (VCAT) in Victoria and NSW Civil and Administrative Tribunal (NCAT) in New South Wales may appoint that guardians are empowered to make decisions about their health, living arrangements and daily care. It also states that administrators are responsible for managing finances, paying bills, and handling legal contracts.
Guardianship is distinct from financial management as one safeguard personal wellbeing, while the other manages financial matters. Orders can be restrictive or supportive, depending on the capacity of the older adult.
Causes of dispute among adult children:
Disputes among adult children over guardianship and administration typicaly stem from conflicting claims to appointment, allegations of mismanagement or abuse, financial or personal conflicts of interest, long-standing family tensions and poor communication or documentation, all of which can exacerbate misunderstandings and heighten sibling rivalry.
Disagreements often arise when multiple children believe they are best placed to act on behalf of their parent either because of proximity, caregiving involvement or perceived competency. Allegations of neglect, financial exploitation or unfair treatment can intensify conflicts, while motives linked to inheritance, financial gain or business interests may clash with siblings focusing on the parent’s welfare. Pre-existing family tensions frequently resurface and gaps in communication such as inadequate sharing of medical, financial or care-related information, further complicate the resolution process. These interlinked factors collectively contribute to disputes that tribunals seek to address through mediation, capacity assessment and strategic appointments that prioritise the parent’s best interests.