GroundRules
PROB § 633
Where this section sits in the code
- Probate Code - PROB
- DIVISION 2. GENERAL PROVISIONS [100. - 890.]
- PART 14. POWERS OF APPOINTMENT [600. - 695.]
- CHAPTER 4. Exercise of Powers of Appointment [625. - 662.]
- ARTICLE 2. Scope of Donee’s Authority [630. - 635.]
(a) If the creating instrument requires the consent of the donor or other person to exercise a power of appointment, the power can only be exercised when the required consent is contained in the instrument of exercise or in a separate written instrument, signed in each case by the person whose consent is required.
(b) Unless expressly prohibited by the creating instrument:
(1) If a person whose consent is required dies, the power may be exercised by the powerholder without the consent of that person.
(2) If a person whose consent is required becomes legally incapable of consenting, the person’s guardian or conservator may consent to an exercise of the power.
(3) A consent may be given before or after the exercise of the power by the powerholder.
Collected 2026-09-14T05:56:33Z. Source file · JSON