Probate Code section 633

(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.

Source: Section 633, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=PROB§ionNum=633.­ (updated Jan. 1, 2017; accessed Jul. 28, 2025).

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Jul. 28, 2025

§ 633's source at ca​.gov