{"data":{"id":"us-va/va.-code-64.2-779.28","jurisdiction":"us-va","citation":"Va. Code § 64.2-779.28","heading":"Exclusions","body":"A. This article does not apply to a:1. Power of appointment;2. Power to appoint or remove a trustee or trust director;3. Power of a settlor over a trust to the extent the settlor has a power to revoke the trust;4. Power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of:a. The beneficiary; orb. Another beneficiary represented by the beneficiary under Article 3 (§ 64.2-714 et seq.) with respect to the exercise or nonexercise of the power;5. Power over a trust if:a. The terms of the trust provide that the power is held in a nonfiduciary capacity; andb. The power must be held in a nonfiduciary capacity to achieve the settlor's tax objectives under the United States Internal Revenue Code; or6. Power over a trust if the terms of the trust provide that the Uniform Directed Trust Act does not apply to the trust.B. 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.2020, c. 768.","path":["Title 64.2. Wills, Trusts, and Fiduciaries","Subtitle III. Trusts","Chapter 7. Uniform Trust Code","Article 8.2. Uniform Directed Trust Act"],"source_url":"https://law.lis.virginia.gov/vacode/64.2-779.28/","current_through":"9/4/2026","vintage":"","retrieved_at":"2026-09-04T15:18:14Z","sha256":"e08e4f8f8c14af126fdcc22b3dac7a39987400f9122d5372bf7f66a8d2bc7d57","source_id":"us-va","stale":true,"prev":"us-va/va.-code-64.2-779.27","next":"us-va/va.-code-64.2-779.29"},"notice":"GroundRules: Original legal text. Not legal advice."}