California Probate Code

§ 611

PROB § 611 Effective Jan 1, 2017Div. 2 · Part 14 · Ch. 2

Statute text

(a)A power of appointment is “general” only to the extent that it is exercisable in favor of the powerholder, the powerholder’s estate, the powerholder’s creditors, or creditors of the powerholder’s estate, whether or not it is exercisable in favor of others.

(b)A power to consume, invade, or appropriate property for the benefit of a person in discharge of the powerholder’s obligation of support that is limited by an ascertainable standard relating to the person’s health, education, support, or maintenance is not a general power of appointment.

(c)A power exercisable by the powerholder only in conjunction with a person having a substantial interest in the appointive property that is adverse to the exercise of the power in favor of the powerholder, the powerholder’s estate, the powerholder’s creditors, or creditors of the powerholder’s estate is not a general power of appointment.

…

Legislative history

Amended by Stats. 2016, Ch. 81, Sec. 2. (AB 2846) Effective January 1, 2017.