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Section 633 Of Article 2. Scope Of Donee’s Authority From California Probate Code >> Division 2. >> Part 14. >> Chapter 4. >> Article 2.
633
. (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 donee 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 donee.
(b) Unless expressly prohibited by the creating instrument:
(1) If a person whose consent is required dies, the power may be exercised by the donee 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 donee.
