(a) When the consent of the donor or of a third person to the exercise
of a power of appointment is required, such consent shall be expressed
in a written instrument, subscribed by the person whose consent is
required; and to entitle the instrument of exercise to be recorded, the
signatures of the donee and of the person consenting must be
acknowledged or proved in the manner required by the laws of this state
for the recording of a deed of real property.
(b) Unless the donor expressly provides otherwise:
(1) When the consents of two or more persons are required for the
exercise of a power of appointment, all must consent.
(2) If before the exercise of the power:
(A) One or more of such persons die, the consent of the survivor is
sufficient.
(B) One or more of such persons become incompetent, the consent of the
competent person is sufficient.
Structure New York Laws
EPT - Estates, Powers and Trusts
Part 6 - Rules Governing Exercise of a Power of Appointment
10-6.1 - Exercise of a Power of Appointment; Manifestation of Intention of Donee
10-6.2 - Exercise of a Power of Appointment; Conformity to Directions of Donor
10-6.3 - Exercise of a Power of Appointment; Type of Instrument
10-6.4 - Exercise of a Power of Appointment; Required Consents
10-6.5 - Exercise of Exclusive and Non-Exclusive Power of Appointment
10-6.7 - Exercise by All Donees; Exceptions
10-6.8 - Imperative Power of Appointment; Effectuation
10-6.9 - Exercise of a Power of Appointment in Further Trust