Section 75A-4-201 - Creation of power of appointment(1) A power of appointment is created only if:(a) the instrument creating the power is valid under applicable law; 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) A power of appointment may be created 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.Renumbered from § 75-10-201 and amended by Chapter 364, 2024 General Session ,§ 97, eff. 9/1/2024.Amended by Chapter 244, 2018 General Session ,§ 5, eff. 5/8/2018.Added by Chapter 125, 2017 General Session ,§ 7, eff. 5/9/2017.