§ 32-24-2-9 — Guardianship proceedings; notice

(a) If a person having an interest in property
affected by the proceedings is mentally incompetent or less than
eighteen (18) years of age, the works board shall certify that fact to the
municipality's attorney.
(b) The municipality's attorney shall apply to the proper court and
secure the appointment of a guardian for the person less than eighteen
(18) years of age or the mentally incompetent person. The works board
shall give notice to the guardian, who shall appear and defend the
interest of the protected person. However, if the protected person
already has a guardian, the notice shall be served on that guardian. The
requirements of notice to the guardian are the same as for other notices.
(c) If there is a defect in the proceedings with respect to at least one
(1) interested person, the defect does not affect the proceedings except
as it may concern the interest or property of those persons, and the
defect does not affect any other person concerned.
(d) In case of a defect, supplementary proceedings of the same
general character as those prescribed by this chapter may be initiated
in order to correct the defect.
[Pre-2002 Recodification Citation: 32-11-1.5-6.]

Legislative History

As added by P.L.2-2002, SEC.9.