(285) Actual implementation will require further work and the making of one critical decision regarding the format for modernization: should new statutes be folded into the existing framework of Article 10 (Powers) or should New York consider using the structure of the UPOA, which could become new Article 10 (Powers of Appointment)?
(13) As an observer to the Draft UPOA, on October 27, 2012, I participated in an almost five-hour meeting of the Drafting Committee.
(22) Many of my recommendations are based on the Restatement treatment for an issue, but I also draw on the Draft UPOA, including changes that will be made as a result of the Drafting Committee's meeting on October 27, 2012.
(72) If the current structure of EPTL Article 10 is retained, rather than the structure of the Draft UPOA, my recommended statute should be located in Part 2 (Definitions), along with current EPTL 10-3.1(b), which deals with powers that are not powers of appointment.
(79) DRAFT UPOA, supra note 9, [section] 102(12) (excluding fiduciary powers as powers of appointment).
See RESTATEMENT (THIRD) [section] 22.2; DRAFT UPOA, supra note 9, [section] 301.
Although the UPOA Drafting Committee recognized that duplication would result from treating the power to revoke a trust as a power of appointment, the rationale for doing so was that the UPOA might be adopted in different jurisdiction than the Uniform Trust Code.
Interestingly, the Draft UPOA opts for the term "power holder" rather than "donee." See DRAFT UPOA, supra note 9, [section] 102(13).
(101) Accord DRAFT UPOA supra note 9, [section] 102(5).
Accord DRAFT UPOA, supra note 9, [section] 204(a), (b).
(110) Both Restatement section 17.3(b) and Draft UPOA section 102(9) use "nongeneral" rather than "special."
(123) The Draft UPOA would add a separate section to that effect.