Section 11.95A.100 - 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) of this section, 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) of this section 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.