Section 72-7-201 - Creation of power of appointment(1) A power of appointment is created only if:(a) the instrument creating the power: (i) is valid under applicable law; and(ii) except as otherwise provided in subsection (2), transfers the appointive property; and(b) 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.(2) Subsection (1)(a)(ii) does not apply to the creation of a power of appointment by the exercise of a power of appointment.(3) A power of appointment may not be created in a deceased individual.(4) Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained powerholder.Added by Laws 2015, Ch. 293, Sec. 5, eff. 10/1/2015.