§ 30-4-9-5 — Powers of appointment

(a) As used 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 chapter does not apply to a:
(1) power of appointment;
(2) power to appoint or remove a trustee or trust director;
(3) power of a settlor over a trust to the extent the settlor 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 beneficiary interest of:
(A) the beneficiary; or
(B) another beneficiary represented by the beneficiary 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 settlor's tax objectives under the Internal Revenue
Code.
(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 that is exercisable while the person
is not serving as a trustee is a power of appointment and not a power of
direction.

Legislative History

As added by P.L.221-2019, SEC.10.