§ 64-2-2707

A. A power of appointment is created only if:\n1. The instrument creating the power:\na. Is valid under applicable law; and\nb. Except as otherwise provided in subsection B, transfers the appointive property; and\n2. 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.\nB. Subdivision A 1 b does not apply to the creation of a power of appointment by the exercise of a power of appointment.\nC. A power of appointment may not be created in a deceased individual.\nD. Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained powerholder.\n2016, c. 266.