Rif.
EURDICAUTOM


Subject Law - Legislation - Jurisprudence (JU)


(1)
TERM power of appointment



(1)
TERM potere di nomina

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Definition

**power of appointment**
A right given in a written instrument such as a will or trust, allowing an individual to decide how to distribute one's property. Called "general" if no restrictions are placed on who the distributees may be; otherwise called "limited" or "special".

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The American Heritage® Dictionary of the English Language: Fourth Edition. 2000.

**power of appointment**

NOUN: Inflected forms: pl. powers of appointment
Authority granted to one person by another to transfer property upon the death of the latter.

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Kevin's English law glossary:
**power of appointment**


In general, the power to dispose of a trust property, that is, to confer it on someone free of the trust. Power of appointment may be granted to a trustee, but it doesn't have to be. For example, a person may create a trust in his will that benefits the spouse for life, with the spouse having a power of appointment to benefit the children.
A person granted a power of appointment is often referred to as the `donee' of that power, frequently shortened (confusingly) to just `donee' on its own. A power of appointment is a type of ownership right, but with specific limitations. For example, it isn't unusual to grant someone a power to appoint in his will.
Powers of appointment can be classified approximately into `general', `special' and `hybrid' (or `intermediate'), according to the class of objects for whose benefit the power may be exercised.
In general, the donee of a power of appointment is not obliged to exercise it, unless the trust instrument so declares; a power whose exercise is not mandated by a trust is often called a mere power. However, a power may be associated with a strong expectation of exercise. Where there is an expectation that the power be exercised, it is referred to as a `power in the nature of a trust'. Powers held by trustees (power virtute officii) will usually be associated with some fiduciary obligations, and the trustees will therefore be obliged at least to consider exercising the power.

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a giudicare dalle tue altre domande ti può essere utile guardare questo documento:

http://www.santoro.it/statuto/stat_main.htm

nel documento sia power of appointment che trustee non sono tradotti, però forse ti può essere utile per capire meglio l'argomento

general proxy

del donatario

questa è la formula usata in diritto e la trovi sul Codeluppi