D.C. Code § 19-1702.01: Creation of power of appointment.

(a)

A power of appointment is created only if:

(1)

The instrument creating the power:

(A)

Is valid under applicable law; and

(B)

Except as otherwise provided in subsection (b) of this section, transfers the appointive property; and

(2)

The terms of the instrument creating the power manifest the donor's intent to create in a powerholder a power of appointment over the appointive property exercisable in favor of a permissible appointee.

(b)

Subsection (a)(1)(B) of this section does not apply to the creation of a power of appointment by the exercise of a power of appointment.

(c)

A power of appointment may not be created in a deceased individual.

(d)

Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained powerholder.