Section 46-11-201 - Creation of power of appointmentA. A power of appointment is created only if:(1) the instrument creating the power:(a) is valid under applicable law; and(b) except as otherwise provided in Subsection B of this section, transfers the appointive property; and(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.B. 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.C. A power of appointment shall not be created in a deceased individual.D. Subject to the provisions of Section 45-2-901 NMSA 1978, a power of appointment may be created in an unborn or unascertained powerholder.Added by 2016, c. 69,s. 201, eff. 1/1/2017.