§ 19-1702.01. Creation of power of appointment.

(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) of this section, 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) 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. (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.