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California Code, Probate Code - PROB § 633

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) If the creating instrument requires the consent of the donor or other person to exercise a power of appointment, the power can only be exercised when the required consent is contained in the instrument of exercise or in a separate written instrument, signed in each case by the person whose consent is required.

(b) Unless expressly prohibited by the creating instrument:

(1) If a person whose consent is required dies, the power may be exercised by the powerholder without the consent of that person.

(2) If a person whose consent is required becomes legally incapable of consenting, the person's guardian or conservator may consent to an exercise of the power.

(3) A consent may be given before or after the exercise of the power by the powerholder.

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Cite this article: FindLaw.com - California Code, Probate Code - PROB § 633 - last updated January 01, 2025 | https://codes.findlaw.com/ca/probate-code/prob-sect-633/

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