(a) A power of appointment is created only if:

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(1) the instrument creating the power:

(A) is valid under applicable law; and

(B) except as otherwise provided in subsection (b) of this section, transfers the appointive property; and

(2) 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.

(b) Subdivision (a)(1)(B) of this section does not apply to the creation of a power of appointment by the exercise of a power of appointment.

(c) A power of appointment may not be created in a deceased individual.

(d) Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained powerholder.