do spouses automatically have power of attorney?

Do spouses automatically have power of attorney? If yes, than can it be set up in advance that the spouse won’t have the power? If no, is it customary to arrange it?

Your spouse is considered your next of kin and, in the event you are incapcitated, is generally the person asked to make decisions on your behalf. However, parents, siblings, and children can challenge that right, drag the issue into court, and things can get very, very messy.

A formal power of attorney makes that sort of court case much less likely, and your other kin less likely to win such a case even if they do attempt it. If you have family feuds, great wealth, or other possible temptations of greed writing a formal power of attorney might be a good idea just to make absolutely clear your wishes.

Likewise, if you want this sort of decision-making power to go to someone other than your spouse you had best declare who in a legal document.

I would think no.I mean if my bank account is in my name only a spouse cannot go in it. If it is not P.O.D. to my spouse it goes into the will and into escrow.

It is your spouse or closest living relative who has power of attorney unless you appoint someone else, an example: gay couples may give that power to each other. Just heard a lecture on this in my sociology class.