§ 19–1705.02. Creditor claim: general power not created by powerholder.

(a) Except as otherwise provided in subsection (b) of this section, appointive property subject to a general power of appointment created by a person other than the powerholder is subject to a claim of a creditor of:

(1) The powerholder, to the extent the powerholder's property is insufficient, if the power is presently exercisable; and

(2) The powerholder's estate, to the extent the estate is insufficient, subject to the right of a decedent to direct the source from which liabilities are paid.

(b) Subject to § 19-1705.04(c), a power of appointment created by a person other than the powerholder which is subject to an ascertainable standard relating to an individual's health, education, support, or maintenance, within the meaning of 26 U.S.C. § 2041(b)(1)(A) or 26 U.S.C. § 2514(c)(1), is treated for the purposes of this subchapter as a nongeneral power.