Section 11.98B.030 - Applicability-Exclusions-Power of appointment(1) In this section, "power of appointment" means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property.(2) This chapter does not apply to a: (a) Power of appointment;(b) Power to appoint or remove a trustee or trust director;(c) Power of a settlor over a trust to the extent the settlor has a power to revoke the trust;(d) Power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of:(i) The beneficiary; or(ii) Another beneficiary represented by the beneficiary with respect to the exercise or nonexercise of the power; or(e) Power over a trust if:(i) The terms of the trust provide that the power is held in a nonfiduciary capacity; and(ii) The power must be held in a nonfiduciary capacity to achieve the settlor's tax objectives under the federal internal revenue code of 1986, as amended, as of January 1, 2021.(3) 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.