RCW 11.95A.355
Exercise of power in favor of holder—Disregard of provision conferring absolute or similar power—Power of removal.
If the holder of a lifetime or testamentary power of appointment may exercise the power in his or her own favor only for his or her health, education, support, or maintenance as described in section 2041 or 2514 of the Internal Revenue Code and the applicable regulations adopted under that section, then a provision of the instrument creating the power of appointment that purports to confer "absolute," "sole," "complete," "conclusive," or a similar discretion shall be disregarded in the exercise of that power in favor of the holder, and that power may then only be exercised reasonably and in accordance with the ascertainable standards set forth in RCW 11.95A.350 and this section. A person who has the right to remove or replace a trustee does not possess nor may the person be deemed to possess, by virtue of having that right, the power of the trustee who is subject to removal or to replacement.
[ 2021 c 140 § 3606; 1993 c 339 § 8. Formerly RCW 11.95.110.]
NOTES:
Severability—1993 c 339: See note following RCW 11.98.200.
Structure Revised Code of Washington
Title 11 - Probate and Trust Law
Chapter 11.95A - Uniform Powers of Appointment Act.
11.95A.030 - Common law and principles of equity supplement.
11.95A.100 - Creation of power of appointment.
11.95A.110 - Power not transferable.
11.95A.120 - Presumption of unlimited authority.
11.95A.130 - Presumption of unlimited authority—Exception.
11.95A.140 - Rules of classification.
11.95A.150 - Power to revoke or amend.
11.95A.200 - Requisites for exercise of power of appointment.
11.95A.210 - Intent to exercise—Determining intent from residuary clause.
11.95A.220 - Intent to exercise—After-acquired power.
11.95A.230 - Substantial compliance with donor-imposed formal requirement.
11.95A.240 - Permissible appointment.
11.95A.250 - Appointment to deceased appointee or permissible appointee's descendant.
11.95A.260 - Impermissible appointment.
11.95A.270 - Selective allocation doctrine.
11.95A.280 - Capture doctrine—Disposition of ineffectively appointed property under general power.
11.95A.290 - Disposition of unappointed property—Released or unexercised general power.
11.95A.300 - Disposition of unappointed property—Released or unexercised nongeneral power.
11.95A.310 - Disposition of unappointed property—Partial appointment to taker in default.
11.95A.320 - Appointment to taker in default.
11.95A.330 - Powerholder's authority to revoke or amend exercise.
11.95A.340 - Notice of exercise of testamentary power.
11.95A.350 - Exercise of power in favor of holder—Limitations.
11.95A.365 - Exercise of power in favor of holder—Inference of law.
11.95A.370 - Exercise of power in favor of holder—Applicability.
11.95A.375 - Exercise of power in favor of holder—Cause of action.
11.95A.410 - Authority to release.
11.95A.420 - Method of release.
11.95A.430 - Revocation or amendment of release.
11.95A.440 - Power to contract—Presently exercisable power of appointment.
11.95A.450 - Power to contract—Power of appointment not presently exercisable.
11.95A.460 - Remedy for breach of contract to appoint or not to appoint.
11.95A.500 - Creditor claims—General power created by powerholder.
11.95A.510 - Creditor claims—General power not created by powerholder.
11.95A.520 - Power to withdraw.
11.95A.530 - Creditor claims—Nongeneral power.
11.95A.900 - Uniformity of application and construction.
11.95A.901 - Relation to electronic signatures in global and national commerce act.