Article 2.

Creation, Revocation, and Amendment of Power of Appointment.

§ 31D‑2‑201.  Creation of power of appointment.

(a) A power of appointment is created only if all of the following apply:

(1) The instrument creating the power is valid under applicable law.

(2) Repealed by Session Laws 2021‑53, s. 4.1, effective June 25, 2021.

(3) The terms of the instrument creating the power manifest the donor's intent to create in a power holder a power of appointment over the appointive property exercisable in favor of a permissible appointee.

(b) Repealed by Session Laws 2021‑53, s. 4.1, effective June 25, 2021.

(c) A power of appointment may not be created in a deceased individual.

(d) Subject to an applicable rule against perpetuities or restraint on alienation, a power of appointment may be created in an unborn or unascertained power holder. (2015‑205, s. 3(a); 2021‑53, s. 4.1.)