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Simple English definitions for legal terms

discretionary power of appointment

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A quick definition of discretionary power of appointment:

A discretionary power of appointment is a type of power that someone can have over a group of people. This power allows the person to choose who will receive something, like money or property, from a group of people who fit a certain description. The person with the power can choose to use it or not, but if they do use it, they have to do it in a way that makes sense and follows the wishes of the person who gave them the power. This power can be used in different ways, either by giving it to only one person or by giving it to multiple people.

A more thorough explanation:

A discretionary power of appointment is a type of power that is not mandatory to exercise. The person who has the power can choose whether or not to use it. The power is valid as long as there is at least one person who fits the description of the class that the power can be exercised in favor of (the objects of the power).

If the person with the power of appointment (the donee) decides to use the discretionary power, they must do so intelligently and in line with the decedent's purpose. The exercise of discretionary power can be either exclusive or non-exclusive.

For example, let's say a wealthy individual creates a trust for their grandchildren. The trust document gives the trustee the power to distribute the trust assets to the grandchildren as they see fit. This is a discretionary power of appointment because the trustee can choose whether or not to distribute the assets to the grandchildren.

Another example is if a person creates a will that gives their spouse the power to distribute their assets to their children as they see fit. This is also a discretionary power of appointment because the spouse can choose whether or not to distribute the assets to the children.

These examples illustrate the definition of discretionary power of appointment because in both cases, the person with the power can choose whether or not to exercise it. They must do so intelligently and in line with the decedent's purpose.

discretionary | discretionary trust

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15:41
just for u sweetie pie
15:43
woah so much swagger with dat 'm;
Dkk
15:47
@shaquilleoatmeal: more like, blow my back out by the bay boston instead of back bay boston.
Dkk
15:48
Indeed, the legendary man himself.
15:49
I would go to blow my back out by the bay boston
15:50
lift with ur back not your legs, its better to have a blown back than two bad legs
CynicalOops
15:53
Blow and back day out by boston bay
15:59
so true
Dkk
16:03
Of course. Man sad Ricky Henderson died. That was my favorite athlete of all time.
windyMagician
16:10
is it dumb that I rlly want to go to Mich even tho I have a full ride to umn
16:12
no-value as a consumer often means more than the price
Dkk
16:15
@windyMagician: Nah michigan is better than UMN
Dkk
16:15
My sister just officially graduated, yay!
16:16
awesome @Dkks sister
16:16
prolly named veronica or sarah
windyMagician
16:16
@Dkk: for public defense tho?
windyMagician
16:16
Sarah in the bathroom
texaslawhopefully
16:17
@windyMagician: not at all. Michigan is also very generous with aid, so if you get enough it makes perfect sense to take it.
windyMagician
16:17
fuck okay
windyMagician
16:17
going to my dream school is crazy
michigan also has better options if you do PD for 10 years then want to do something else
windyMagician
16:19
also would love to clerk for my federal district court even tho I know its hella competitive, I think mich sets me up better?
16:20
would be a great point to bring up when ur deciding / visiting each place- see what recent placement looks like
texaslawhopefully
16:23
For fed clerkships by far Michigan places better. I think it’s like 14-15 percent
windyMagician
16:25
sticker debt is high-key scary tho
texaslawhopefully
16:26
I’m sure you’ll get good merit aid though. Look at Michigan’s 509 report. They’re very generous.
16:34
i am going to wait patiently into january to get into a law school
16:34
then i will start tweaking
texaslawhopefully
16:42
January could not come any sooner
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