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Don’t Be Shy About Using a Naked Power of Appointment

Portions of the UPAA perpetuate confusion

Few, if any, of us in the estate-planning profession would question the value and flexibility of the power of appointment (POA). The late professor W. Barton Leach called it, “the most efficient dispositive device that the ingenuity of Anglo-American lawyers has ever worked out.”1 Thus, we all eagerly awaited the result when the Committee appointed by the Uniform Law Commission undertook to review and restate the law to produce the Uniform Power of Appointment Act (UPAA


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