Express provision not needed to authorize the agent to create a pay on death account

The court in Jones v. Brandt, 645 S.E.2d 312 (Va. 2007), held that a power of attorney giving the agent broad authority to open accounts, make deposits, endorse or assign financial instruments, enter into contracts, and do anything that the principal could do authorizes the agent to create a POD designation in favor of a third person on a certificate of deposit belonging to the principal where the principal directed the agent to do so.  The designation did not make a gift of the principal’s property and, therefore, an express grant of authority to make a gift was not necessary.