Va. Code § 64.2-2707: 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; andb. Except as otherwise provided in subsection B, transfers the appointive property; and2. 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. Subdivision A 1 b 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.2016, c. 266.