VCAT appointed the Public Advocate as guardian and State Trustees Limited as administrator for OSM, rejecting the family member's proposal to be appointed in both roles. The Tribunal found that OSM lacked decision-making capacity for personal and financial matters due to schizophrenia and related conditions, that informal decision-making by the sister had been tried but was not practicable (evidenced by risk of homelessness and unmet basic needs), and that appointing independent agencies was most consistent with OSM's likely will and preferences and avoided potential conflicts of interest arising from jointly owned property. The case illustrates the Tribunal's approach to resolving ambiguous or contradictory expressions of will and preferences under section 8 of the Act, giving weight to statements made during OPA investigation over inconsistent statements at hearing.
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