Also known as: general power of appointment · general powers of appointments · GPOA · general power
Written by attorneys · grounded in primary & secondary sources — see below
A power that permits the donee to appoint the subject property to any person or persons, including the donee, the donee's creditors, or the donee's estate.
Greta Goldstein created a trust for her daughter Giselle Guerrero and gave Giselle the right to withdraw principal at any time. Giselle exercised the withdrawal right to pay personal debts. The power qualified as presently exercisable because it allowed appointment to Giselle or her creditors without trustee consent or an ascertainable standard.
Gary Goldman conveyed Blackacre to his son Gavin Grant for life while reserving in Gavin a power to appoint the remainder by deed or will to anyone. Gavin later appointed the remainder to his own estate. The appointment was valid because the power reached the full remainder interest without restriction to a limited class.
Select any source to read its text and confirm it supports the definition.
Gideon Graves's will left residue to his executors "to distribute as they deem advisable." The executors treated the clause as granting them a general power and appointed assets to themselves. The clause created a presently exercisable general power because the language allowed personal benefit without limiting the class of appointees.
Gretchen Graham held a life estate in securities plus a power to consume or appoint the remainder to anyone including her creditors. She appointed the entire remainder to a friend. The appointment was effective because the power was general and presently exercisable over the remainder.
Global Dynamics transferred assets to a trust for its sole shareholder with a retained power to appoint the remainder to any person. The shareholder later appointed the assets to a creditor. The property became reachable by creditors because the retained power was general and the transfer left no indestructible beneficial interests.
Gavin Grant held a general power created by his mother's will. His own will contained a general residuary clause that appointed the subject property to his daughter. The residuary clause exercised the power because the creating instrument lacked a gift in default and the power was exercisable in favor of the donee's estate.
Creditors may reach the property when the donee creates a trust for life with a retained general power and no other indestructible interests, or when the donee exercises the power by will in favor of a volunteer or creditor.
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All general powers of appointment can be released by the donee.
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A power limited by an ascertainable standard is excluded from the definition of a power of withdrawal even if otherwise general, whereas an unrestricted general power allows appointment to the donee or creditors without such limitation.
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A general residuary clause exercises a general power only if the power is exercisable in favor of the donee's estate and the creating instrument lacks an effective gift in default, or if the will shows intent to include the appointive property.
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…down an Oregon law requiring all children to attend the State's public schools, holding that the Constitution "excludes any general power of the State to standardize its children by forcing them to accept instruction from public teachers only." 268 U. S., at 535. By the same token the Constitution prevents East Cleveland from…