SECTIONS 610-613 - California Statutes

PROBATE CODE

SECTION 610-613

610. As used in this part:
(a) "Appointee" means the person in whose favor a power of
appointment is exercised.
(b) "Appointive property" means the property or interest in
property that is the subject of the power of appointment.
(c) "Creating instrument" means the deed, will, trust, or other
writing or document that creates or reserves the power of
appointment.
(d) "Donee" means the person to whom a power of appointment is
given or in whose favor a power of appointment is reserved.
(e) "Donor" means the person who creates or reserves a power of
appointment.
(f) "Permissible appointee" means a person in whose favor a power
of appointment can be exercised.

611. (a) A power of appointment is "general" only to the extent
that it is exercisable in favor of the donee, the donee's estate, the
donee's creditors, or creditors of the donee'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 donee'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 donee 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 donee, the
donee's estate, the donee's creditors, or creditors of the donee's
estate is not a general power of appointment.
(d) A power of appointment that is not "general" is "special."
(e) A power of appointment may be general as to some appointive
property, or an interest in or a specific portion of appointive
property, and be special as to other appointive property.

612. (a) A power of appointment is "testamentary" if it is
exercisable only by a will.
(b) A power of appointment is "presently exercisable" at the time
in question to the extent that an irrevocable appointment can be
made.
(c) A power of appointment is "not presently exercisable" if it is
"postponed." A power of appointment is "postponed" in either of the
following circumstances:
(1) The creating instrument provides that the power of appointment
may be exercised only after a specified act or event occurs or a
specified condition is met, and the act or event has not occurred or
the condition has not been met.
(2) The creating instrument provides that an exercise of the power
of appointment is revocable until a specified act or event occurs or
a specified condition is met, and the act or event has not occurred
or the condition has not been met.

613. A power of appointment is "imperative" where the creating
instrument manifests an intent that the permissible appointees be
benefited even if the donee fails to exercise the power. An
imperative power can exist even though the donee has the privilege of
selecting some and excluding others of the designated permissible
appointees. All other powers of appointment are "discretionary." The
donee of a discretionary power is privileged to exercise, or not to
exercise, the power as the donee chooses.