Prob. Code, § 633 · Article 2. Scope of Donee’s Authority
Prob. Code, § 633
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) If the creating instrument requires the consent of the donor or other person to exercise a power of appointment, the power can only be exercised when the required consent is contained in the instrument of exercise or in a separate written instrument, signed in each case by the person whose consent is required.
(b) Unless expressly prohibited by the creating instrument:
(1) If a person whose consent is required dies, the power may be exercised by the powerholder without the consent of that person.
(2) If a person whose consent is required becomes legally incapable of consenting, the person’s guardian or conservator may consent to an exercise of the power.
(3) A consent may be given before or after the exercise of the power by the powerholder.
Notes and commentary — not statutory text
History
Amended by Stats. 2016, Ch. 81, Sec. 6. (AB 2846) Effective January 1, 2017.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=633.
- Text hash
- sha256 6e11e1a8b91748ea79649707c2b45fbd245bf5b069dc90cc73cf2ca8c70a1525
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.