The last step in drafting a will or trust is to scan the document or documents to see if a general power of appointment lurks within that could cause unpleasant surprises at death.1 A general power of appointment, in contrast to a special power of appointment, is one that can be exercised by the person to whom it was given in favor of that individual, that individual’s estate, the creditors of that individual or the creditors of that individual’s estate.2 In other words, the holder of a general power of appointment can benefit from the exercise of the power.
Harl, Neil E.
"General Powers of Appointment: The Ones to Watch,"
Agricultural Law Digest: Vol. 28
, Article 1.
Available at: https://lib.dr.iastate.edu/aglawdigest/vol28/iss6/1