30-4605. 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) Subdivision (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.Source Laws 2021, LB501, § 28.
Nebraska Legal Code