Cal. Prob. Code § 633

Current through the 2023 Legislative Session.
Section 633 - Consent to exercise power
(a) If the creating instrument requires the consent of the donor or other person to exercise a power of appointment, the power can only be exercised when the required consent is contained in the instrument of exercise or in a separate written instrument, signed in each case by the person whose consent is required.
(b) Unless expressly prohibited by the creating instrument:
(1) If a person whose consent is required dies, the power may be exercised by the powerholder without the consent of that person.
(2) If a person whose consent is required becomes legally incapable of consenting, the person's guardian or conservator may consent to an exercise of the power.
(3) A consent may be given before or after the exercise of the power by the powerholder.

Ca. Prob. Code § 633

Amended by Stats 2016 ch 81 (AB 2846),s 6, eff. 1/1/2017.