{"data":{"id":"us-vt/14a-v.s.a.-1305","jurisdiction":"us-vt","citation":"14A V.S.A. § 1305","heading":"Exclusions","body":"(a) As used 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) This chapter 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 chapter 3 of this title 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 United States Internal Revenue Code of 1986 and regulations issued thereunder.\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":["Title 14A: Trusts","Chapter 013: Uniform Directed Trust Act"],"source_url":"https://legislature.vermont.gov/statutes/section/14A/013/01305","current_through":"2025 session","vintage":"","retrieved_at":"2026-09-05T17:16:59Z","sha256":"f8e425cabc28b820911e0d44be5c4d354dc4e4561ff2257e7bc4706bed44c3f2","source_id":"us-vt","stale":false,"prev":"us-vt/14a-v.s.a.-1304","next":"us-vt/14a-v.s.a.-1306"},"notice":"GroundRules: Original legal text. Not legal advice."}