2010 Pennsylvania Code
Title 20 - DECEDENTS, ESTATES AND FIDUCIARIES
Chapter 22 - Elective Share of Surviving Spouse
2206 - Right of election personal to surviving spouse.

     § 2206.  Right of election personal to surviving spouse.
        The right of election of the surviving spouse may be
     exercised in whole or in part only during his lifetime by him or
     by his agent in accordance with section 5603(d) (relating to
     implementation of power of attorney). In the case of a minor
     spouse, the right of election may be exercised in whole or in
     part only by the spouse's guardian; in the case of an
     incapacitated spouse, the right of election may be exercised in
     whole or in part only by the spouse's guardian or by his agent
     in accordance with section 5603(d) if the power of attorney
     qualifies as a durable power of attorney under section 5604
     (relating to durable powers of attorney); provided, that, in
     each case, the election shall be exercised only upon order of
     the court having jurisdiction of the minor's or the
     incapacitated person's estate, after finding that exercise of
     the right is advisable.
     (Feb. 18, 1982, P.L.45, No.26, eff. imd.; Apr. 16, 1992,
     P.L.108, No.24, eff. 60 days; Oct. 12, 1999, P.L.422, No.39,
     eff. 60 days)

        1999 Amendment.  See section 13(8) of Act 39 in the appendix
     to this title for special provisions relating to applicability.
        1992 Amendment.  See section 21 of Act 24 in the appendix to
     this title for special provisions relating to applicability.
        Cross References.  Section 2206 is referred to in section
     5603 of this title.

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