{"data":{"id":"us-ks/k.s.a.-58-5005","jurisdiction":"us-ks","citation":"K.S.A. 58-5005","heading":"Exclusions.","body":"(a) In this section, \"power of appointment\" means a power that enables a person acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over trust property.\n(b) The Kansas uniform directed trust act does not apply to a:\n(1) Power of appointment;\n(2) power to appoint or remove a trustee or trust director;\n(3) power of a settlor over a trust to the extent the settlor has a power to revoke the trust;\n(4) power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of:\n(A) The beneficiary; or\n(B) another beneficiary represented by the beneficiary under K.S.A. 58a-301 through 58a-305, and amendments thereto, with respect to the exercise or nonexercise of the power; or\n(5) power over a trust if:\n(A) The terms of the trust provide that the power is held in a nonfiduciary capacity; and\n(B) the power must be held in a nonfiduciary capacity to achieve the settlor's tax objectives under the internal revenue code of 1986, as in effect on July 1, 2022.\n(c) Unless the terms of a trust provide otherwise, a power granted to a person to designate a recipient of an ownership interest in or power of appointment over trust property which is exercisable while the person is not serving as a trustee is a power of appointment and not a power of direction.","path":["Chapter 58.—PERSONAL AND REAL PROPERTY","Article 50.—KANSAS UNIFORM DIRECTED TRUST ACT"],"source_url":"https://www.ksrevisor.gov/statutes/chapters/ch58/058_050_0005.html","current_through":"2025 legislative session","vintage":"","retrieved_at":"2026-10-15T06:20:51Z","sha256":"546807eeac86dc0bca867790f90f0d715589d713f222b8292bfe2350c976ffca","source_id":"us-ks","stale":false,"prev":"us-ks/k.s.a.-58-5004","next":"us-ks/k.s.a.-58-5006"},"notice":"GroundRules: Original legal text. Not legal advice."}