(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
(b) The Kansas uniform directed trust act does not apply to a:
(1) Power of appointment;
(2) power to appoint or remove a trustee or trust director;
(3) power of a settlor over a trust to the extent the settlor has a power to revoke
(4) power of a beneficiary over a trust to the extent the exercise or nonexercise
of the power affects the beneficial interest of:
(A) The beneficiary; or
(B) another beneficiary represented by the beneficiary under K.S.A. 58a-301 through 58a-305, and amendments thereto, with respect to the exercise or nonexercise of the power;
(5) power over a trust if:
(A) The terms of the trust provide that the power is held in a nonfiduciary capacity;
(B) the power must be held in a nonfiduciary capacity to achieve the settlor's tax
objectives under the internal revenue code of 1986, as in effect on July 1, 2022.
(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.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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