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, 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. Subdivision A 1 b 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.

2016, c. 266.