{"data":{"id":"us-nm/46-11-201","jurisdiction":"us-nm","citation":"46-11-201","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 of this section, 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.\nB. Subparagraph (b) of Paragraph (1) of Subsection A of this section does not apply to the creation of a power of appointment by the exercise of a power of appointment.\nC. A power of appointment shall not be created in a deceased individual.\nD. Subject to the provisions of Section 45-2-901 NMSA 1978, a power of appointment may be created in an unborn or unascertained powerholder.","path":["Chapter 46 - Fiduciaries and Trusts","ARTICLE 11 Uniform Powers of Appointment"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18547/index.do","current_through":"2024-04-26","vintage":"","retrieved_at":"2026-09-03T15:02:19Z","sha256":"42825f9b27c4f1e081d4aded067488bd132e2c202490881e2d528974a48bb1aa","source_id":"us-nm","stale":false,"prev":"us-nm/46-11-104","next":"us-nm/46-11-202"},"notice":"GroundRules: Original legal text. Not legal advice."}