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(1)(a) RCW 11.95.100 and 11.95.110 respectively
apply to a power of appointment created under a will,
codicil, trust agreement, or declaration of trust,
deed, power of attorney, or other instrument executed
after July 25, 1993, unless the terms of the instrument
refer specifically to RCW 11.95.100 or 11.95.110 re-
spectively and provide expressly to the contrary.
(b) Notwithstanding (a) of this subsection, for
the purposes of this section a codicil to a will, an
amendment to a trust, or an amendment to another in-
strument that created the power of appointment in
question shall not be deemed to cause that instrument
to be executed after July 25, 1993, unless the codicil,
amendment, or other instrument clearly shows an intent
to have RCW 11.95.100 or 11.95.110 apply.
(2) Notwithstanding subsection (1) of this sec-
tion, RCW 11.95.100 through 11.95.150 shall apply to a
power of appointment created under a will, codicil,
trust agreement, or declaration of trust, deed, power
of attorney, or other instrument executed prior to July
25, 1993, if the person who created the power of ap-
pointment had on July 25, 1993, the power to revoke,
amend, or modify the instrument creating the power of
appointment, unless:
(a) The terms of the instrument specifically
refer to RCW 11.95.100 or 11.95.110 respectively and
provide expressly to the contrary; or
(b) The person creating the power of appointment
was not competent, on July 25, 1993, to revoke, amend,
or modify the instrument creating the power of appoint-
ment and did not regain his or her competence to re-
voke, amend, or modify the instrument creating the
power of appointment on or before his or her death or
before the time at which the instrument could no longer
be revoked, amended, or modified by the person.
At the time it enacted RCWA 11.95.100, which was effective
as of July 25, 1993, the legislature of the State of Washington
decided that that section was to apply to any power of appoint-
ment created under an instrument executed after that effective
date. See RCWA 11.95.140(1). The legislature of the State of
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