{"data":{"id":"us-il/760-ilcs-3-1304","jurisdiction":"us-il","citation":"760 ILCS 3/1304","heading":"Creation of power of appointment.","body":"(a) A power of appointment is created only if:\n(1) the instrument creating the power:\n(A) is valid under applicable law; and\n(B) except as otherwise provided in subsection (b), transfers the appointive property; and\n(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.\n(b) Subdivision (a)(1)(B) does not apply to the creation of a power of appointment by the exercise of a power of appointment.\n(c) A power of appointment may not be created in a deceased individual.\n(d) Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained powerholder.","path":["CHAPTER 760 TRUSTS AND FIDUCIARIES","Illinois Trust Code."],"source_url":"https://www.ilga.gov/legislation/ILCS/details?ActID=4001\u0026ChapterID=61\u0026ChapAct=FullText\u0026Print=True","current_through":"at least Public Act 104-790","vintage":"","retrieved_at":"2026-09-15T04:46:44Z","sha256":"b3cd52b3a6befedcea813f0de5f946381a1417cdbf5ddaeef4585d54dbf3b9bd","source_id":"us-il","stale":false,"prev":"us-il/760-ilcs-3-1303","next":"us-il/760-ilcs-3-1305"},"notice":"GroundRules: Original legal text. Not legal advice."}