How a General Power of Appointment Creates Authority to Represent Others
A general power of appointment gives the holder broad flexibility to direct where property goes. Under Arizona law, that same flexibility comes with the authority to act on behalf of others whose interests are tied to the power. This is not just a convenience. It is a practical tool that keeps trust and estate proceedings from stalling when every affected person cannot be present or involved.
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. § 14-1405In practical terms, this means the holder of a general power of appointment can agree to trust modifications, settlements, or other proceedings without needing separate consent from each person who might eventually receive property under the power. The people being represented are legally bound by those decisions.
When This Matters for Estate and Trust Administration
Trust and estate proceedings often involve people who are difficult to locate, not yet born, or simply not in a position to participate directly. When a general power of appointment exists, the holder can step in and represent those interests. This avoids delays, reduces legal costs, and allows the proceeding to move forward efficiently.
This authority applies to both lifetime and testamentary powers. Whether the power of appointment was granted in a living trust or through a will, the holder has the same ability to represent and bind affected parties. For families managing complex trust arrangements with multiple beneficiaries, this statute provides a clear path to resolve disputes and make decisions without requiring unanimous consent from every interested person.
