38Powers of guardians

38 Powers of guardians (1) A guardianship order confers on the person appointed as guardian— (a) a power to make decisions about the personal matters in relation to the represented person that are specified in the order; and (b) the power to sign and do any thing that is necessary to give effect to any power or duty vested in the guardian; and (c) the power to undertake legal proceedings under section 40, if specified in the order. (2) For the purposes of subsection (1)(c), VCAT may only specify the power to undertake legal proceedings under section 40 if VCAT is satisfied that the power is necessary or desirable for the purposes of promoting the represented person's personal and social wellbeing. (3) A decision made, action taken, consent given or thing done by a guardian under a guardianship order has effect as if it were made, taken, given or done by the represented person and the represented person had decision-making capacity for the matter in relation to which the order was made.