It’s a sad fact that more than 500,000 pets are killed in shelters and veterinary offices each year after an owner dies or becomes incapacitated. What will happen to your pets if you pass away or become incapacitated and cannot care for them?
While not pleasant to think about, as a responsible pet owner you should consider making advanced plans to protect your pet from an uncertain future.
The simplest way of providing for your pet’s care in the event of your death is to provide in your will that ownership of your pet shall go to a particular person. However, there is a drawback to this approach: Even if you leave a certain amount of money to the caretaker you have designated for the care of your pet, there is no practical way of assuring that those funds will be used for their intended purpose or that your specific instructions concerning your pet’s care will be followed.
A more complicated – but more secure – way to provide for your pet’s care is through a pet trust. The idea is simple: you designate a caretaker to look after your pet in the event of your death or incapacity, and a trustee to make sure that trust assets are used for the care of the pet and to generally look over the caretaker’s shoulder. You then fund the trust with whatever amount of money you have decided is appropriate for your pet’s future needs. Edit 5/29/09: Animal Law Attorney, Julia Magnus suggested to me that you specify the trust go to a charity, of your choice, upon the death of your pet. This extra measure removes any incentive for your pet's guardian to end your pet's life early to access the cash in the trust.
First, you should consult with an estate-planning attorney to find out whether your state has a provision for statutory pet trusts and, if not, what the law is in your state. Whatever legal means you use to provide for your pet’s care, you should be sure to include, at minimum, the following information in the documents:
-Clear identification of the pet(s); this may include distinctive markings, age, sex, and breed. You might wish to consider microchip implantation and/or DNA identification.
-Specific, detailed care instructions: Is there a particular food that your pet prefers? How often should your pet be fed? Walked?
-What about medications? Food allergies? Medical conditions that require special care?
-Name, address, and telephone number of your pet’s veterinarian.
And make sure those people on whom you are relying to carry out your wishes have access to your estate planning documents and pet care information. It's also a good idea to find at least two responsible friends or relatives who agree to serve as temporary caregivers in the event that something unexpected happens to you. Provide them with keys to your home; feeding and care instructions; the name of your veterinarian; and information about the permanent care provisions you have made for your pet.
Remember: a pet trust is a legal document that should be prepared by a qualified attorney who appreciates the importance of your pet in your life. Taking the necessary steps now to ensure that your pet will be well cared for will give you peace of mind.
More information on estate planning for your pet.
This blog entry is dedicated to the memory of our neighbor Carol whose sudden death has left a whole in our hearts and an uncertain future for her beloved dog Erwin.
