A. A power of appointment is created only if: 1. The instrument creating the power: a. Is valid under applicable law; and b. Except as otherwise provided in subsection B, transfers the appointive property; and 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. B. Subdivision A 1 b does not apply to the creation of a power of appointment by the exercise of a power of appointment. C. A power of appointment may not be created in a deceased individual. D. Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained powerholder. 2016, c. 266.
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