Section 64.2-779.28 - ExclusionsA. This article does not apply to a: 2. Power to appoint or remove a trustee or trust director;3. Power of a settlor over a trust to the extent the settlor has a power to revoke the trust;4. Power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of:b. Another beneficiary represented by the beneficiary under Article 3 (§ 64.2-714 et seq.) with respect to the exercise or nonexercise of the power;5. Power over a trust if: a. The terms of the trust provide that the power is held in a nonfiduciary capacity; andb. The power must be held in a nonfiduciary capacity to achieve the settlor's tax objectives under the United States Internal Revenue Code; or6. Power over a trust if the terms of the trust provide that the Uniform Directed Trust Act does not apply to the trust.B. Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in or power of appointment over trust property which is exercisable while the person is not serving as a trustee is a power of appointment and not a power of direction.Added by Acts 2020 c. 768, § 1, eff. 7/1/2020.