(760 ILCS 3/1304)
    Sec. 1304. Creation of power of appointment.
    (a) A power of appointment is created only if:
        (1) the instrument creating the power:
            (A) is valid under applicable law; and
            (B) except as otherwise provided in subsection
(b), 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) 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.
(Source: P.A. 101-48, eff. 1-1-20.)