40Power for guardian to undertake legal proceedings

40 Power for guardian to undertake legal proceedings (1) VCAT may specify in a guardianship order that the guardian has power to bring and defend an action or other legal proceeding in the name, and on behalf, of the represented person if the action or other legal proceeding is in relation to a personal matter specified in the order. (2) A guardian on whom the power to bring and defend actions and other legal proceedings is conferred is not required to be appointed a litigation guardian in accordance with rules of the relevant court or tribunal. (3) If a guardian undertakes a legal proceeding in accordance with subsection (1), the costs of the proceeding are to be paid out of the represented person's estate. (4) Despite subsection (3), a court or tribunal may order that a guardian is personally liable to pay for any costs of the legal proceeding if the guardian was negligent or engaged in misconduct. (5) A court or tribunal may order that a person who is or was a guardian be reimbursed from the represented person's estate for any costs incurred by the person as a guardian in bringing or defending an action or other legal proceeding in accordance with subsection (1).