Personal right; election by attorney in fact or guardian
Sec. 4. (a) Except as provided in subsection (b), the right of
election of the surviving spouse is personal to the spouse. It is not
transferable and cannot be exercised subsequent to the spouse's
death. A person with a valid power of attorney for the surviving
spouse may elect for the spouse if the power of attorney has general
authority with respect to estates as provided in IC 30-5-5-15(a)(4). If
the surviving spouse is a protected person, the court may order the
guardian of the spouse's estate to elect for the spouse.
(b) The spousal election may be exercised subsequent to the
spouse's death under the following circumstances:
(1) The surviving spouse died before the election could be
made.
(2) The election is being made to recover Medicaid benefits that
were paid on behalf of the deceased surviving spouse.
The office of Medicaid policy and planning may exercise the right of
election under this subsection. The spousal election is only
enforceable up to the amount of Medicaid benefits that were received
and the amount may only be distributed to the office of Medicaid
policy and planning.
(Formerly: Acts 1953, c.112, s.304.) As amended by P.L.33-1989,
SEC.35; P.L.252-2001, SEC.10; P.L.246-2005, SEC.213.
Last modified: May 27, 2006