1. A power of appointment is created only if:
(a) The instrument creating the power is valid under applicable law; and
(b) The terms of the instrument creating the power manifest the donor’s intent to create in a powerholder a power of appointment over the appointive property exercisable in favor of a permissible appointee.
2. A power of appointment may not be created in a deceased individual.
3. Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained powerholder.