(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 donee 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 donee.