1. (a) A power of appointment is created only if:

   1. (1) The instrument creating the power:

      1. (A) Is valid under applicable law; and
      2. (B) Except as otherwise provided in subsection (b) of this section, transfers the appointive property; and
   2. (2) The terms of the instrument creating the power manifest the donor's intent to create in a powerholder a power of appointment over the appointive property exercisable in favor of a permissible appointee.
2. (b) Subsection (a)(1)(B) of this section does not apply to the creation of a power of appointment by the exercise of a power of appointment.
3. (c) A power of appointment may not be created in a deceased individual.
4. (d) Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained powerholder.

History

Mar. 7, 2025, D.C. Law 25-265, § 2(b)