Guardianship and Capacity Disputes

Guardianship and capacity disputes arise where there is a disagreement about a loved one's ability to make decisions for themselves, or who, if anyone, should make decisions on their behalf in relation to personal, financial or health matters.

We help:

  • Clarify concerns about a loved one’s decision-making capacity
  • Identify appropriate guardianship or administration arrangements
  • Address disputes relating to personal, financial, or health decisions
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4.9
74 Google Reviews
Award Winning Law Firm – Top Specialist Firm & Top Boutique Firm (Australasian Lawyer)

First class advice, service, and communication. I have had the pleasure of working with Velocity Legal for many years across a range of challenging matters and they never fail to impress.

Grant F

Their meticulous attention to detail, unwavering professionalism and strategic approach have delivered an outstanding result. Their level of service is nothing short of impressive.

Jack C

From the initial consultation to the final resolution, they provided exceptional
service and achieved an outstanding result for our case.

Wan Li

We are an accounting firm that works closely with Velocity Legal on all our client's legal matters… Every client who works with their team is delighted and impressed by the clear advice, efficient communication, and seamless process.

Selina L

I highly recommend the team at Velocity Legal. They are extremely knowledgeable, professional, have an eye for detail and their work ethic is second to none.

Mark P

They provided so much support and guidance through the process and I felt like they genuinely cared about getting the right outcome for me. They obviously know their stuff but were able to explain things in a simple and clear way.

Natalie F

Approachable, honest, professional and transparent. An absolute pleasure to work with.

Bob W

4.9
74 Google Reviews
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We Understand What You Are Going Through

Concerns about decision-making capacity surface at uncertain times. You may be worried about a loved one's ability to manage their personal, financial or health affairs, or unsure whether existing arrangements are working as intended.

These situations can be especially challenging where family members or carers hold differing views. Questions around independence, responsibility, and protection can make concerns difficult to raise or address.

We understand the sensitivity of these matters. We help you approach guardianship and administration decisions in a calm and practical way, so you can move forward with greater confidence.

Our Services Include

  • Drafting and advising on powers of attorney where decision-making capacity exists
  • Supporting applications for the appointment of a guardian or administrator, including tribunal proceedings
  • Assisting with the removal or variation of existing guardianship or administration arrangements
  • Addressing disputes relating to decision-making capacity
  • Supporting concerns about financial abuse, mismanagement, or misuse of decision-making powers
  • Assisting with urgent or protective applications where a vulnerable person’s interests are at risk
Our Difference
Accountability & Expertise

Every matter we handle comes with full accountability. You’ll deal directly with an expert – every time, no exceptions.

In Your Shoes

Understanding your unique circumstances and goals - so our advice is practical, personal, and never given in a vacuum.

Transparency & Communication

We speak your language. That means plain, clear advice - what’s happening, why it matters, and what comes next.

50+
Australian Based Team
4,000+
Matters Expertly Handled
10+
Awards & Industry Recognition

Our Process

  1. Book Meeting
    Fill in contact form below or call our office to book an initial consult. You can choose between in-person or video conference.
  2. Get Advice

    You’ll discuss your situation in depth with a senior lawyer. This includes exploring your requirements, goals, and desired outcomes. You’ll walk away from this meeting with a clear understanding of the next steps.
  3. Achieve Outcomes

    Our legal team will work tirelessly to achieve your desired objectives. We work hard, communicate regularly, and pride ourselves on delivering results.
Contact
Take the First Step Today

You don’t have to figure this out alone. Book an initial consult with our expert legal team and get clear answers about your situation.

  • Transparent quotes (no ‘bill shock’)
  • Rapid response
  • Award winning team
Andrew Henshaw
Managing Director
Award Winning Law Firm – Top Specialist Firm & Top Boutique Firm (Australasian Lawyer)
Our Directors

Managing Director

Andrew Henshaw

Director

Greg Thomas

Director

Jess Hill

Director

Rajan Verma

Director

Seamus Ryan

Frequently Asked Questions
What does decision-making capacity mean?
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Decision-making capacity refers to a person’s ability to understand information and make decisions about their affairs. Capacity can vary depending on the type of decision being considered
What are some signs that a person may no longer have capacity?
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Concerns about capacity may arise where a person begins to have difficulty understanding information, communicating decisions, or managing personal, financial, or health matters. These changes can occur gradually and may not affect all decisions in the same way.
Why is it important to address capacity issues or have guardianship arrangements in place?
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Capacity issues can create uncertainty about authority, responsibility, and protection. Having guardianship arrangements in place helps provide a clear framework where capacity is in question.
What if there are urgent concerns about a person’s wellbeing or finances?
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Urgent situations may arise where there is a risk to a person’s health, safety, or financial interests. In these circumstances, temporary or protective arrangements may be considered to address immediate issues.

Take the First
Step Today

You don’t have to figure this out alone. Book an initial consult with our expert legal team and get clear answers about your situation.

  • Transparent quotes (no ‘bill shock’)
  • Rapid response
  • Award winning team
Book Consult
4.9
74 Google Reviews
Award Winning Law Firm – Top Specialist Firm & Top Boutique Firm (Australasian Lawyer)