§ 28-76-105. Exclusions. [Effective January 1, 2020.]

(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.

(b) This chapter does not apply to a:

1. (1) power of appointment;

2. (2) power to appoint or remove a trustee or trust director;

3. (3) power of a settlor over a trust to the extent the settlor has a power to revoke the trust;

4. (4) power of a beneficiary over a trust to the extent the exercise or nonexercise of the power affects the beneficial interest of:

   1. (A) the beneficiary; or

   2. (B) another beneficiary represented by the beneficiary under § 28-73-301 et seq. with respect to the exercise or nonexercise of the power; or

5. (5) power over a trust if:

   1. (A) the terms of the trust provide that the power is held in a nonfiduciary capacity; and

   2. (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, as amended.

(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.