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

   1. (a) the instrument creating the power is valid under applicable law; and
   2. (b) 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. (2) A power of appointment may be created by the exercise of a power of appointment.
3. (3) A power of appointment may not be created in a deceased individual.
4. (4) Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained powerholder.

Renumbered and Amended by Chapter 364, 2024 General Session