Sec. 31. (a) If a person having an interest in land affected by the proceedings is mentally incompetent or under eighteen (18) years of age, the board shall certify this fact to its attorney. The attorney shall then apply to the court and secure the appointment of a guardian for the person. The board shall give notice to the guardian, who shall appear and protect the interest of the protected person. However, if the protected person already has a guardian, the notice may be served upon that guardian. The requisites of notice to the guardian are the same as for other notices.

     (b) If there are defects or irregularities of any kind in the proceedings with respect to one (1) or more interested persons, they do not affect the proceedings as to any other person. In case of a defect, supplementary proceedings of the same general character as those already prescribed may be had in order to cure it.

[Pre-Local Government Recodification Citation: 19-7-30-25.]

As added by Acts 1981, P.L.309, SEC.111. Amended by P.L.33-1989, SEC.129.

Terms Used In Indiana Code 36-10-4-31

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Board: refers to a board of park commissioners, or board of parks and recreation of a consolidated city. See Indiana Code 36-10-4-2
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Mentally incompetent: means of unsound mind. See Indiana Code 1-1-4-5