Chapter 2. Definitions; Classification Of Powers Of Appointment of California Probate Code >> Division 2. >> Part 14. >> Chapter 2.

As used in this part:
  (a) "Appointee" means the person in whose favor a power of appointment is exercised.
  (b) "Appointive property" means the property or interest in property that is the subject of the power of appointment.
  (c) "Creating instrument" means the deed, will, trust, or other writing or document that creates or reserves the power of appointment.
  (d) "Donee" means the person to whom a power of appointment is given or in whose favor a power of appointment is reserved.
  (e) "Donor" means the person who creates or reserves a power of appointment.
  (f) "Permissible appointee" means a person in whose favor a power of appointment can be exercised.

(a) A power of appointment is "general" only to the extent that it is exercisable in favor of the donee, the donee's estate, the donee's creditors, or creditors of the donee's estate, whether or not it is exercisable in favor of others.
  (b) A power to consume, invade, or appropriate property for the benefit of a person in discharge of the donee's obligation of support that is limited by an ascertainable standard relating to the person' s health, education, support, or maintenance is not a general power of appointment.
  (c) A power exercisable by the donee only in conjunction with a person having a substantial interest in the appointive property that is adverse to the exercise of the power in favor of the donee, the donee's estate, the donee's creditors, or creditors of the donee's estate is not a general power of appointment.
  (d) A power of appointment that is not "general" is "special."
  (e) A power of appointment may be general as to some appointive property, or an interest in or a specific portion of appointive property, and be special as to other appointive property.

(a) A power of appointment is "testamentary" if it is exercisable only by a will.
  (b) A power of appointment is "presently exercisable" at the time in question to the extent that an irrevocable appointment can be made.
  (c) A power of appointment is "not presently exercisable" if it is "postponed." A power of appointment is "postponed" in either of the following circumstances:
  (1) The creating instrument provides that the power of appointment may be exercised only after a specified act or event occurs or a specified condition is met, and the act or event has not occurred or the condition has not been met.
  (2) The creating instrument provides that an exercise of the power of appointment is revocable until a specified act or event occurs or a specified condition is met, and the act or event has not occurred or the condition has not been met.

A power of appointment is "imperative" where the creating instrument manifests an intent that the permissible appointees be benefited even if the donee fails to exercise the power. An imperative power can exist even though the donee has the privilege of selecting some and excluding others of the designated permissible appointees. All other powers of appointment are "discretionary." The donee of a discretionary power is privileged to exercise, or not to exercise, the power as the donee chooses.