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This entry was published on 2014-09-22
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SECTION 10-6.4
Exercise of a power of appointment; required consents
Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 10, PART 6
§ 10-6.4 Exercise of a power of appointment; required consents

(a) When the consent of the donor or of a third person to the exercise
of a power of appointment is required, such consent shall be expressed
in a written instrument, subscribed by the person whose consent is
required; and to entitle the instrument of exercise to be recorded, the
signatures of the donee and of the person consenting must be
acknowledged or proved in the manner required by the laws of this state
for the recording of a deed of real property.

(b) Unless the donor expressly provides otherwise:

(1) When the consents of two or more persons are required for the
exercise of a power of appointment, all must consent.

(2) If before the exercise of the power:

(A) One or more of such persons die, the consent of the survivor is
sufficient.

(B) One or more of such persons become incompetent, the consent of the
competent person is sufficient.