Amended in Assembly May 9, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2846

Introduced by Assembly Member Maienschein

February 19, 2016

An act to amend Sections 610, begin insert 611, 613, 625, 633, 634, 640, 641, 642, 650, 651, 652, 660, 661, 662, 671, 672, 673, 674, 680, end insert 681, begin delete and 683 end delete begin insert 682, 683, and 684 end insert of, and to add Sections begin insert 621, end insert 675 and 676 to, the Probate Code, relating to begin delete power of appointments. end delete begin insert powers of appointment. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2846, as amended, Maienschein. begin delete Power of appointments. end delete begin insert Powers of appointment. end insert

Existing law provides a statutory body of law relating to powers of appointment, including the creation and exercise of, and the revocability of the creation, exercise, or release of, a power of appointment. begin insert Existing law provides that a power of appointment can be created only by a donor having the capacity to transfer the interest in property to which the power relates. Existing law for these purposes defines a person to whom a power of appointment is given or in whose favor a power of appointment is reserved as a “donee end insert begin insert .” end insert

This bill would revise and recast those provisions. begin insert The bill would impose additional requirements on the creation of a power of appointment, including the existence of a legally valid creating instrument that manifests the donor’s intent to create a power of appointment and that transfers the appointive property, except as specified. end insert The bill would define the term “power of appointment” for those purposes. begin insert The bill would instead define a person to whom a power of appointment is given or in whose favor a power of appointment is reserved as a “powerholder. end insert begin insert ” end insert The bill would require, if a powerholder exercises a power of appointment in a disposition that also disposes of property the powerholder owns, the owned property and the appointive property to be allocated in the permissible manner begin insert in accordance with the terms of the creating instrument and end insert to carry out the intent of the powerholder. The bill would require, if a powerholder makes a valid partial appointment to a taker in default of appointment, the taker in default of appointment to share fully in unappointed property. The bill would make property subject to a special power of appointment subject to the claims of creditors of the powerholder or of the powerholder’s estate or the expenses of administration of the powerholder’s estate under specified circumstances. The bill would make conforming changes to related provisions, and would make changes to provisions related to an unexercised general power of appointment, as specified.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 610 of the Probate Code is amended to
read:

610.  

As used in this part:

(a) “Appointee” means the person in whose favor a power of
appointment is exercised.

(b) “Appointive property” means the property or interest in
property that is the subject of the power of appointment.

(c) “Creating instrument” means the deed, will, trust, or other
writing or document that creates or reserves the power of
appointment.

begin delete

(d) “Donee” or “powerholder” means the person to whom a
power of appointment is given or in whose favor a power of
appointment is reserved.

end delete begin delete

(e)

end delete

begin insert (d) end insert  “Donor” means the person who creates or reserves a power
of appointment.

begin delete

(f)

end delete

begin insert (e) end insert  “Permissible appointee” means a person in whose favor a
power of appointment can be exercised.

begin delete

(g)

end delete

begin insert (f) end insert  “Power of appointment” means a power that enables a
powerholder acting in a nonfiduciary capacity to designate a
recipient of an ownership interest in or another power of
appointment over the appointive property. The term does not
include a power of attorney.

begin insert

(g) “Powerholder” means the person to whom a power of
appointment is given or in whose favor a power of appointment is
reserved.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 611 of the end insert begin insert Probate Code end insert begin insert is amended to read: end insert

611.  

(a) A power of appointment is “general” only to the extent
that it is exercisable in favor of the begin delete donee, end delete begin insert powerholder, end insert the begin delete donee’s end delete
begin insert powerholder’s end insert estate, the begin delete donee’s end delete begin insert powerholder’s end insert creditors, or
creditors of the begin delete donee’s end delete begin insert powerholder’s end insert estate, whether or not it is
exercisable in favor of others.

(b) A power to consume, invade, or appropriate property for
the benefit of a person in discharge of the begin delete donee’s end delete begin insert powerholder’s end insert
obligation of support that is limited by an ascertainable standard
relating to the person’s health, education, support, or maintenance
is not a general power of appointment.

(c) A power exercisable by the begin delete donee end delete begin insert powerholder end insert only in
conjunction with a person having a substantial interest in the
appointive property that is adverse to the exercise of the power in
favor of the begin delete donee, end delete begin insert powerholder, end insert the begin delete donee’s end delete begin insert powerholder’s end insert estate,
the begin delete donee’s end delete begin insert powerholder’s end insert creditors, or creditors of the begin delete donee’s end delete
begin insert powerholder’s end insert estate is not a general power of appointment.

(d) A power of appointment that is not “general” is “special.”

(e) A power of appointment may be general as to some
appointive property, or an interest in or a specific portion of
appointive property, and be special as to other appointive property.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 613 of the end insert begin insert Probate Code end insert begin insert is amended to read: end insert

613.  

A power of appointment is “imperative” where the creating
instrument manifests an intent that the permissible appointees be
benefited even if the begin delete donee end delete begin insert powerholder end insert fails to exercise the power.
An imperative power can exist even though the begin delete donee end delete begin insert powerholder end insert
has the privilege of selecting some and excluding others of the
designated permissible appointees. All other powers of appointment
are “discretionary.” The begin delete donee end delete begin insert powerholder end insert of a discretionary
power is privileged to exercise, or not to exercise, the power as
the begin delete donee end delete begin insert powerholder end insert chooses.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 621 is added to the end insert begin insert Probate Code end insert begin insert , to read: end insert

begin insert

begin insert 621. end insert   

(a) A power of appointment is created only if all of the
following are satisfied:

(1) There is a creating instrument.

(2) The creating instrument is valid under applicable law.

(3) Except as provided in subdivision (b), the creating instrument
transfers the appointive property.

(4) The terms of the creating instrument manifest the donor’s
intent to create in a powerholder a power of appointment over the
appointive property exercisable in favor of a permissible appointee.

(b) Paragraph (3) of subdivision (a) does not apply to the
creation of a power of appointment by the exercise of a power of
appointment.

end insert

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 625 of the end insert begin insert Probate Code end insert begin insert is amended to read: end insert

625.  

(a) A power of appointment can be exercised only by a
begin delete donee end delete begin insert powerholder end insert having the capacity to transfer the interest in
property to which the power relates.

(b) Unless the creating instrument otherwise provides, a begin delete donee end delete
begin insert powerholder end insert who is a minor may not exercise a power of
appointment during minority.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 633 of the end insert begin insert Probate Code end insert begin insert is amended to read: end insert

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 begin delete donee end delete begin insert powerholder end insert 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 begin delete donee. end delete begin insert powerholder. end insert

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 634 of the end insert begin insert Probate Code end insert begin insert is amended to read: end insert

634.  

A power of appointment created in favor of two or more
begin delete donees end delete begin insert powerholders end insert can only be exercised when all of the begin delete donees end delete
begin insert powerholders end insert unite in its exercise. If one or more of the begin delete donees end delete
begin insert powerholders end insert dies, becomes legally incapable of exercising the
power, or releases the power, the power may be exercised by the
others, unless expressly prohibited by the creating instrument.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 640 of the end insert begin insert Probate Code end insert begin insert is amended to read: end insert

640.  

(a) The exercise of a power of appointment requires a
manifestation of the begin delete donee’s end delete begin insert powerholder’s end insert intent to exercise the
power.

(b) A manifestation of the begin delete donee’s end delete begin insert powerholder’s end insert intent to
exercise a power of appointment exists in any of the following
circumstances:

(1) The begin delete donee end delete begin insert powerholder end insert declares, in substance, that the begin delete donee end delete
begin insert powerholder end insert exercises specific powers or all the powers the begin delete donee end delete
begin insert powerholder end insert has.

(2) The begin delete donee end delete begin insert powerholder end insert purports to transfer an interest in
the appointive property that the begin delete donee end delete begin insert powerholder end insert would have
no power to transfer except by virtue of the power.

(3) The begin delete donee end delete begin insert powerholder end insert makes a disposition that, when
considered with reference to the property owned and the
circumstances existing at the time of the disposition, manifests the
begin delete donee’s end delete begin insert powerholder’s end insert understanding that the begin delete donee end delete begin insert powerholder end insert
was disposing of the appointive property.

(c) The circumstances described in subdivision (b) are
illustrative, not exclusive.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 641 of the end insert begin insert Probate Code end insert begin insert is amended to read: end insert

641.  

(a) A general residuary clause in a will, or a will making
general disposition of all the testator’s property, does not exercise
a power of appointment held by the testator unless specific
reference is made to the power or there is some other indication
of intent to exercise the power.

(b) This section applies in a case where the begin delete donee end delete begin insert powerholder end insert
dies on or after July 1, 1982.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 642 of the end insert begin insert Probate Code end insert begin insert is amended to read: end insert

642.  

If a power of appointment existing at the begin delete donee’s end delete
begin insert powerholder’s end insert death, but created after the execution of the begin delete donee’s end delete
begin insert powerholder’s end insert will, is exercised by the will, the appointment is
effective except in either of the following cases:

(a) The creating instrument manifests an intent that the power
may not be exercised by a will previously executed.

(b) The will manifests an intent not to exercise a power
subsequently acquired.

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 650 of the end insert begin insert Probate Code end insert begin insert is amended to read: end insert

650.  

(a) The begin delete donee end delete begin insert powerholder end insert of a general power of
appointment may make an appointment:

(1) Of all of the appointive property at one time, or several
partial appointments at different times, where the power is
exercisable inter vivos.

(2) Of present or future interests or both.

(3) Subject to conditions or charges.

(4) Subject to otherwise lawful restraints on the alienation of
the appointed interest.

(5) In trust.

(6) Creating a new power of appointment.

(b) The listing in subdivision (a) is illustrative, not exclusive.

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 651 of the end insert begin insert Probate Code end insert begin insert is amended to read: end insert

651.  

Subject to the limitations imposed by the creating
instrument, the begin delete donee end delete begin insert powerholder end insert of a special power may make
any of the types of appointment permissible for the begin delete donee end delete
begin insert powerholder end insert of a general power under Section 650.

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 652 of the end insert begin insert Probate Code end insert begin insert is amended to read: end insert

652.  

(a) Except as provided in subdivision (b), the begin delete donee end delete
begin insert powerholder end insert of a special power of appointment may appoint the
whole or any part of the appointive property to any one or more
of the permissible appointees and exclude others.

(b) If the donor specifies either a minimum or maximum share
or amount to be appointed to one or more of the permissible
appointees, the exercise of the power must conform to the
specification.

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 660 of the end insert begin insert Probate Code end insert begin insert is amended to read: end insert

660.  

(a) The begin delete donee end delete begin insert powerholder end insert of a power of appointment
that is presently exercisable, whether general or special, can
contract to make an appointment to the same extent that the begin delete donee end delete
begin insert powerholder end insert could make an effective appointment.

(b) The begin delete donee end delete begin insert powerholder end insert of a power of appointment cannot
contract to make an appointment while the power of appointment
is not presently exercisable. If a promise to make an appointment
under such a power is not performed, the promisee cannot obtain
either specific performance or damages, but the promisee is not
prevented from obtaining restitution of the value given by the
promisee for the promise.

(c) Unless the creating instrument expressly provides that the
begin delete donee end delete begin insert powerholder end insert may not contract to make an appointment while
the power of appointment is not presently exercisable, subdivision
(b) does not apply to the case where the donor and the begin delete donee end delete
begin insert powerholder end insert are the same person. In this case, the begin delete donee end delete
begin insert powerholder end insert can contract to make an appointment to the same
extent that the begin delete donee end delete begin insert powerholder end insert could make an effective
appointment if the power of appointment were presently
exercisable.

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 661 of the end insert begin insert Probate Code end insert begin insert is amended to read: end insert

661.  

(a) Unless the creating instrument otherwise provides, a
general or special power of appointment that is a discretionary
power, whether testamentary or otherwise, may be released, either
with or without consideration, by a written instrument signed by
the begin delete donee end delete begin insert powerholder end insert and delivered as provided in subdivision
(c).

(b) A releasable power may be released with respect to the whole
or any part of the appointive property and may also be released in
such manner as to reduce or limit the permissible appointees. No
partial release of a power shall be deemed to make imperative the
remaining power that was not imperative before the release unless
the instrument of release expressly so provides. No release of a
power that is not presently exercisable is permissible where the
donor designated persons or a class to take in default of the begin delete donee’s end delete
begin insert powerholder’s end insert exercise of the power unless the release serves to
benefit all persons designated as provided by the donor.

(c) A release shall be delivered as follows:

(1) If the creating instrument specifies a person to whom a
release is to be delivered, the release shall be delivered to that
person, but delivery need not be made as provided in this paragraph
if the person cannot with due diligence be found.

(2) In a case where the property to which the power relates is
held by a trustee, the release shall be delivered to the trustee.

(3) In a case not covered by paragraph (1) or (2), the release
may be delivered to any of the following:

(A) A person, other than the begin delete donee, end delete begin insert powerholder, end insert who could
be adversely affected by the exercise of the power.

(B) The county recorder of the county in which the begin delete donee end delete
begin insert powerholder end insert resides or in which the deed, will, or other instrument
creating the power is filed.

(d) A release of a power of appointment that affects real property
or obligations secured by real property shall be acknowledged and
proved, and may be certified and recorded, in like manner and
with like effect as grants of real property, and all statutory
provisions relating to the recordation or nonrecordation of
conveyances of real property and to the effect thereof apply to a
release with like effect, without regard to the date when the release
was delivered, if at all, pursuant to subdivision (c). Failure to
deliver, pursuant to subdivision (c), a release that is recorded
pursuant to this subdivision does not affect the validity of any
transaction with respect to the real property or obligation secured
thereby, and the general laws of this state on recording and its
effect govern the transaction.

(e) This section does not impair the validity of a release made
before July 1, 1970.

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 662 of the end insert begin insert Probate Code end insert begin insert is amended to read: end insert

662.  

(a) A release on behalf of a minor begin delete donee end delete begin insert powerholder end insert
shall be made by the guardian of the estate of the minor pursuant
to an order of court obtained under this section.

(b) The guardian or other interested person may file a petition
with the court in which the guardianship of the estate proceeding
is pending for an order of the court authorizing or requiring the
guardian to release the ward’s powers as a begin delete donee end delete begin insert powerholder end insert or
a power of appointment in whole or in part.

(c) Notice of the hearing on the petition shall be given for the
period and in the manner provided in Chapter 3 (commencing with
Section 1460) of Part 1 of Division 4 to all of the following (other
than the petitioner or persons joining in the petition):

(1) The persons required to be given notice under Chapter 3
(commencing with Section 1460) of Part 1 of Division 4.

(2) The donor of the power, if alive.

(3) The trustee, if the property to which the power relates is
held by a trustee.

(4) Other persons as ordered by the court.

(d) After hearing, the court in its discretion may make an order
authorizing or requiring the guardian to release on behalf of the
ward a general or special power of appointment as permitted under
Section 661, if the court determines, taking into consideration all
the relevant circumstances, that the ward as a prudent person would
make the release of the power of appointment if the ward had the
capacity to do so.

(e) Nothing in this section imposes any duty on the guardian to
file a petition under this section, and the guardian is not liable for
failure to file a petition under this section.

begin insert

begin insert SEC. 17. end insert   

end insert

begin insert Section 671 of the end insert begin insert Probate Code end insert begin insert is amended to read: end insert

671.  

(a) Unless the creating instrument or the begin delete donee, end delete
begin insert powerholder, end insert in writing, manifests a contrary intent, where the
begin delete donee end delete begin insert powerholder end insert dies without having exercised an imperative
power of appointment either in whole or in part, the persons
designated as permissible appointees take equally of the property
not already appointed. Where the creating instrument establishes
a minimum distribution requirement that is not satisfied by an
equal division of the property not already appointed, the appointees
who have received a partial appointment are required to return a
pro rata portion of the property they would otherwise be entitled
to receive in an amount sufficient to meet the minimum distribution
requirement.

(b) Where an imperative power of appointment has been
exercised defectively, either in whole or in part, its proper
execution may be adjudged in favor of the person intended to be
benefited by the defective exercise.

(c) Where an imperative power of appointment has been created
so that it confers on a person a right to have the power exercised
in the person’s favor, the proper exercise of the power can be
compelled in favor of the person, or the person’s assigns, creditors,
guardian, or conservator.

begin insert

begin insert SEC. 18. end insert   

end insert

begin insert Section 672 of the end insert begin insert Probate Code end insert begin insert is amended to read: end insert

672.  

(a) Except as provided in subdivision (b), if the begin delete donee end delete
begin insert powerholder end insert of a discretionary power of appointment fails to
appoint the property, releases the entire power, or makes an
ineffective appointment, in whole or in part, the appointive property
not effectively appointed passes to the person named by the donor
as taker in default or, if there is none, reverts to the donor.

(b) If the begin delete donee end delete begin insert powerholder end insert of a general power of appointment
makes an ineffective appointment, an implied alternative
appointment to the begin delete donee’s end delete begin insert powerholder’s end insert estate may be found if
the begin delete donee end delete begin insert powerholder end insert has manifested an intent that the appointive
property be disposed of as property of the begin delete donee end delete begin insert powerholder end insert
rather than as in default of appointment.

begin insert

begin insert SEC. 19. end insert   

end insert

begin insert Section 673 of the end insert begin insert Probate Code end insert begin insert is amended to read: end insert

673.  

(a) Except as provided in subdivision (b), if an
appointment by will or by instrument effective only at the death
of the begin delete donee end delete begin insert powerholder end insert is ineffective because of the death of an
appointee before the appointment becomes effective and the
appointee leaves issue surviving the begin delete donee, end delete begin insert powerholder, end insert the
surviving issue of the appointee take the appointed property in the
same manner as the appointee would have taken had the appointee
survived the begin delete donee, end delete begin insert powerholder, end insert except that the property passes
only to persons who are permissible appointees, including
appointees permitted under Section 674. If the surviving issue are
all of the same degree of kinship to the deceased appointee, they
take equally, but if of unequal degree, then those of more remote
degree take in the manner provided in Section 240.

(b) This section does not apply if either the donor or begin delete donee end delete
begin insert powerholder end insert manifests an intent that some other disposition of the
appointive property shall be made.

begin insert

begin insert SEC. 20. end insert   

end insert

begin insert Section 674 of the end insert begin insert Probate Code end insert begin insert is amended to read: end insert

674.  

(a) Unless the creating instrument expressly provides
otherwise, if a permissible appointee dies before the exercise of a
special power of appointment, the begin delete donee end delete begin insert powerholder end insert has the
power to appoint to the issue of the deceased permissible appointee,
whether or not the issue was included within the description of the
permissible appointees, if the deceased permissible appointee was
alive at the time of the execution of the creating instrument or was
born thereafter.

(b) This section applies whether the special power of
appointment is exercisable by inter vivos instrument, by will, or
otherwise.

(c) This section applies to a case where the power of
appointment is exercised on or after July 1, 1982, but does not
affect the validity of any exercise of a power of appointment made
before July 1, 1982.

begin delete SEC. 2. end delete

begin insert SEC. 21. end insert   

Section 675 is added to the Probate Code, to read:

675.  

If a powerholder exercises a power of appointment in a
disposition that also disposes of property the powerholder owns,
the owned property and the appointive property shall be allocated
in the permissible manner begin insert in accordance with the terms of the
creating instrument and end insert that best carries out the powerholder’s
intent.

begin delete SEC. 3. end delete

begin insert SEC. 22. end insert   

Section 676 is added to the Probate Code, to read:

676.  

Unless the terms of the instrument creating or exercising
a power of appointment manifest a contrary intent, if the
powerholder makes a valid partial appointment to a taker in default
of appointment, the taker in default of appointment may share fully
in unappointed property.

begin insert

begin insert SEC. 23. end insert   

end insert

begin insert Section 680 of the end insert begin insert Probate Code end insert begin insert is amended to read: end insert

680.  

The donor of a power of appointment cannot nullify or
alter the rights given creditors of the begin delete donee end delete begin insert powerholder end insert by
Sections 682, 683, and 684 by any language in the instrument
creating the power.

begin delete SEC. 4. end delete

begin insert SEC. 24. end insert   

Section 681 of the Probate Code is amended to read:

681.  

(a) Except as provided in subdivision (b), property
covered by a special power of appointment is not subject to the
claims of creditors of the powerholder or of the powerholder’s
estate or to the expenses of the administration of the powerholder’s
estate.

(b) Property subject to a special power of appointment shall be
subject to the claims of creditors of the powerholder or of the
powerholder’s estate or the expenses of administration of the
powerholder’s estate under either of the following circumstances:

(1) To the extent that the powerholder owned the property and,
reserving the special power, transferred the property in violation
of the Uniform Voidable Transactions Act (Chapter 1 (commencing
with Section 3439) of Title 2 of Part 2 of Division 4 of the Civil
Code).

(2) If the initial gift in default of the exercise of the power is to
the powerholder or the powerholder’s estate.

begin insert

begin insert SEC. 25. end insert   

end insert

begin insert Section 682 of the end insert begin insert Probate Code end insert begin insert is amended to read: end insert

682.  

(a) To the extent that the property owned by the begin delete donee end delete
begin insert powerholder end insert is inadequate to satisfy the claims of the begin delete donee’s end delete
begin insert powerholder’s end insert creditors, property subject to a general power of
appointment that is presently exercisable is subject to the claims
to the same extent that it would be subject to the claims if the
property were owned by the begin delete donee. end delete begin insert powerholder. end insert

(b) Upon the death of the begin delete donee, end delete begin insert powerholder, end insert to the extent that
the begin delete donee’s end delete begin insert powerholder’s end insert estate is inadequate to satisfy the claims
of creditors of the estate and the expenses of administration of the
estate, property subject to a general testamentary power of
appointment or to a general power of appointment that was
presently exercisable at the time of the begin delete donee’s end delete begin insert powerholder’s end insert
death is subject to the claims and expenses to the same extent that
it would be subject to the claims and expenses if the property had
been owned by the begin delete donee. end delete begin insert powerholder. end insert

(c) This section applies whether or not the power of appointment
has been exercised.

begin delete SEC. 5. end delete

begin insert SEC. 26. end insert   

Section 683 of the Probate Code is amended to read:

683.  

Property subject to a general power of appointment created
by the begin delete powerholder end delete begin insert donor end insert in the begin delete powerholder’s end delete begin insert donor’s end insert favor,
whether or not presently exercisable, is subject to the claims of
the begin delete powerholder’s end delete begin insert donor’s end insert creditors or the begin delete powerholder’s end delete begin insert donor’s end insert
estate and to the expenses of the administration of the
begin delete powerholder’s end delete begin insert donor’s end insert estate, except to the extent the begin delete powerholder end delete
begin insert donor end insert effectively irrevocably appointed the property subject to the
general power of appointment in favor of a person other than the
begin delete powerholder end delete begin insert donor end insert or the begin delete powerholder’s end delete begin insert donor’s end insert estate.

begin insert

begin insert SEC. 27. end insert   

end insert

begin insert Section 684 of the end insert begin insert Probate Code end insert begin insert is amended to read: end insert

684.  

For the purposes of Sections 682 and 683, a person to
whom the begin delete donee end delete begin insert powerholder end insert owes an obligation of support shall
be considered a creditor of the begin delete donee end delete begin insert powerholder end insert to the extent
that a legal obligation exists for the begin delete donee end delete begin insert powerholder end insert to provide
the support.