Guardianship and Administration Act 2019

This section applies if—

VCAT appoints for the same represented person—

more than one guardian; or

more than one administrator; or

both a guardian and an administrator; or

VCAT appoints for the same missing person more than one administrator.

A guardian or administrator must consult any other guardian or administrator appointed for the same represented person or missing person (as the case requires) in relation to any overlap in the exercise, in accordance with the relevant orders made under this Act, of the guardian's or administrator's powers.

If there is a disagreement between persons appointed as a guardian or an administrator for the same represented person or missing person (as the case requires) about the exercise of their respective powers under each relevant order, the appointed persons must—

first, seek to resolve the disagreement by informal means or by mediation; and

second, if the disagreement continues, seek advice from VCAT about how to resolve the disagreement.

Unless otherwise agreed by each person appointed as a guardian or an administrator for the same represented person or unless otherwise directed by VCAT—

a decision of a guardian prevails over a decision of an administrator, to the extent of any inconsistency; and

subject to subsection (5), an administrator must take any necessary steps to ensure that a guardian's decision may be implemented.

If an administrator reasonably believes that taking steps to comply with the requirement of subsection (4)(b) is likely to deplete seriously the represented person's estate, the administrator—

is not required to comply with the requirement of subsection (4)(b); and

must seek advice from VCAT about how to resolve the disagreement.