Discretionary Power of Appointment

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A discretionary power of appointment is distinguished from a mandatory power of appointment in that its exercise is optional. The power is valid so long as there is at least one person who reasonably fits the description of the class whose favor in which the power can be exercised (the objects of the power). If the person with power of appointment (the donee) chooses to exercise the discretionary power, she must be able to do so intelligently and consistently with the decedent’s purpose.