Dying to Discuss

What happens if the family disagrees about treatment at the end of life?

Australia · 29 August 2026 · 4 min read · Reviewed by Dr Kane Treble

If family members disagree about treatment at the end of life, the first step is usually a careful meeting with the treating team.

General information: This page gives general information for people in Australia. It cannot give legal advice or decide what should happen in one person's situation. End-of-life law differs between states and territories. If there is serious conflict about treatment, ask the treating team, hospital social worker, clinical ethics service, patient liaison service, guardian or public advocate office, or a lawyer for advice.

If family members disagree about treatment at the end of life, the first step is usually a careful meeting with the treating team. The aim is to understand the person's condition, what each treatment can and cannot do, and what the person would have wanted. Family disagreement does not automatically mean the majority decides.

In Australian law, an adult with decision-making capacity decides for themselves. If the person cannot decide, the law looks to any valid advance care directive and to the legally authorised substitute decision-maker. Who that person is depends on the state or territory.

Why families disagree

Disagreement often comes from grief, shock, guilt, different beliefs, past conflict, unclear medical information or different views about what the person would value. One person may focus on more time. Another may focus on comfort. Another may fear that stopping treatment means giving up.

These are serious concerns. They need time and clear information, not rushed argument at the bedside.

What the healthcare team should do

The treating team should explain the illness, prognosis, treatment options, likely benefits and burdens, and what comfort care would involve. They should check whether the person has an advance care directive, advance care plan, enduring guardian, medical treatment decision-maker, attorney, guardian or other legally recognised decision-maker.

The team may arrange a family meeting. Ask for plain language. Ask what is known, what is uncertain, and what decision needs to be made now. It can help to ask:

When treatment is not medically helpful

Doctors are not usually required to provide treatment that is futile or non-beneficial. End of Life Law in Australia explains that this generally means treatment that cannot achieve its purpose, is not clinically indicated, or is not in the person's interests. If there is dispute, hospitals should use their internal dispute resolution processes. In rare cases, a tribunal or Supreme Court may be asked to decide.

This does not mean families should be ignored. Families often hold important information about the person's values, fears, beliefs and earlier wishes.

When to get help now

Ask for urgent support if conflict is stopping needed symptom relief, if family members are threatening staff or each other, if the person is distressed, or if no one is clear who has legal authority.

If anyone is unsafe, call 000. If the disagreement is in a hospital or aged care home, ask for the nurse in charge, treating consultant, social worker, patient liaison officer or after-hours manager.

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