UPOAUtah Peace Officers Association
UPOAUnsolicited Piece Of Advice
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79) DRAFT UPOA, supra note 9, [section] 102(12) (excluding fiduciary powers as powers of appointment).
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.
101) Accord DRAFT UPOA supra note 9, [section] 102(5).
Accord DRAFT UPOA, supra note 9, [section] 204(a), (b).
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.
148) DRAFT UPOA, supra note 9, [section] 104 ("The common law of powers of appointment and principles of equity supplement this [act], except to the extent modified by this [act] or other law of this state other than this [act].
160) See DRAFT UPOA, supra note 9, [section] 205 ("A donor may revoke or amend a power of appointment only to the extent that: (1) the instrument creating the power is revocable by the donor; or (2) the donor reserves a power of revocation or amendment in the instrument creating the power of appointment.
190) Draft UPOA section 302 is a highly nuanced statute and more limited than Restatement section 19.
200) Draft UPOA on substantial compliance suggests this possibility.
213) Draft UPOA section 305(c) provides as follows: