Capacity Disputes &
NCAT proceedings

When an older person’s capacity to make life and legal decisions is questioned, family disputes can – sadly – arise. Our experienced Elder Lawyers can help you to resolve these disputes and move forward.

Decisions and disputes about capacity

Sometimes, concern about an elderly parent’s capacity to make decisions can turn into a family argument – and quickly escalate. High emotion, stress, pre-existing relationship issues and legal complexity can make these matters extremely difficult to resolve.

If you are concerned about capacity issues or discussions about an older person’s capacity, or you are unable to agree with siblings on a decision about a parent, we recommend speaking to us at the earliest opportunity.

We are experts in both Elder Law and dispute resolution. Our approach is to engage a mediator before things escalate further, and we encourage a controlled flow of communication between parties. Our aim is always to achieve a happier outcome for everyone.

NCAT proceedings for capacity disputes

In some circumstances, the assistance of the Guardianship Division of the NSW Civil & Administrative Tribunal is required to move forward. Our lawyers can assist with these applications and proceedings.

This division determines applications about adults who do not have the capacity to make their own decisions and has the power to appoint a substitute decision-maker. It can determine applications about personal or lifestyle decisions, appoint a financial manager, provide consent for medical treatment, and review an enduring power of attorney or guardianship appointment.

How we can help

We regularly help clients resolve disputes around capacity issues and find peace of mind. We provide NCAT advice and representation.

In particular, we can assist with:

advice and representation to a person whose capacity has been challenged
advice and representation to family members and friends who have concerns about a person’s capacity
seeking a review of an appointment of attorney or guardian
seeking a review of tribunal decisions.

We're here to help you.

Make an enquiry to find out where you stand.

If you have questions, would like some more information about us or our services or simply want to speak to someone, make an enquiry and a member of our Elder Law team will be in touch with you shortly.

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