Section 44D-8A-805 - Exclusions(a) 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.(b) This article does not apply to a:(1) Power of appointment;(2) Power to appoint or remove a trustee or trust director;(3) Power of a grantor over a trust to the extent the grantor 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 §44D-3-301, §44D-3-302, §44D-3-303, §44D-3-304, and §44D-3-305 of this code with respect to the exercise or nonexercise of the power; or(5) Power over a trust if:(A) The terms of the trust provide that the power is held in a nonfiduciary capacity; and(B) The power must be held in a nonfiduciary capacity to achieve the grantor's tax objectives under the United States Internal Revenue Code of 1986 and regulations issued thereunder.(c) 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 2020 Acts, ch. 137 (SB 213), eff. 7/1/2020.