The right of election may be exercised:

1. (1) By the surviving spouse.
2. (2) By an attorney in fact or a guardian of the property of the surviving spouse, with approval of the court having jurisdiction of the probate proceeding. The court shall determine the election as the best interests of the surviving spouse, during the spouse's probable lifetime, require.

History.--s. 15, ch. 75-220; s. 12, ch. 99-343.

Note.--Former s. 732.210.