How a General Power of Appointment Creates Authority
A general power of appointment gives the holder broad flexibility to direct where property goes. A general power lets the holder appoint property to anyone, including themselves.
This means that same flexibility comes with the authority to act on behalf of others.
The holder of a general power of appointment, including a general testamentary power of appointment, may represent and bind persons whose interests, as permissible appointees, takers in default or otherwise, are subject to the power.
A.R.S. § 14-1405The power holder can agree to trust changes, settlements, or other actions. There is no need to get separate consent from each person who might receive property under the power.
As a result, the people being represented are legally bound by those decisions. This keeps proceedings from stalling.
When This Matters for Families
Trust and estate proceedings often involve people who are hard to locate or not yet born. The holder of a general power can step in and represent those interests. This avoids delays and reduces legal costs.
A general power allows the holder to act in favor of anyone. Special powers limit who can receive the property. Only holders of general powers have this authority under A.R.S. 14-1405.
This authority applies to both lifetime and testamentary powers. Whether the power was granted in a living trust or a will, the holder can represent and bind affected parties.