KRS 390.050: Creation of power of appointment.

(1) A power of appointment is created only if:

(a) The instrument creating the power:

1. Is valid under applicable law; and

2. Except as otherwise provided in subsection (2) of this section, transfers

the appointive property; and

(b) The terms of the instrumen t 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.

(2) Subsection (1)(a)2. of this section does not apply to the creation of a p ower of

appointment by the exercise of a power of appointment.

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

(4) Subject to an applicable rule against perpetuities, a power of appointment may be

created in an unborn or unascertained powerholder.