Creating and Implementing Your Pet Plan

By Laura J. Martin, Esq.

Summary of General Pet Planning Objectives:

There are many options available to plan, provide for, and protect pets. Considering all the possibilities can be a little overwhelming. When creating a Pet Plan that meets your individual needs, it may be helpful to use the following list of general Pet Planning objectives as a planning outline or checklist of sorts:

1. Designate a future owner or caregiver for your pet if you die or become permanently unable to care for your pet

2. Provide a back-up plan (giving away pets is not as easy as giving away money)

3. Provide a temporary care plan for your pet if you are hospitalized, etc.

4. Protect your own relationship with your pet and prepare for any assistance you may need to continue living with and caring for a pet

5. Authorize someone else to make decisions for your pet (grant them “pet powers”)

6. Select “pet-friendly” people to serve as your fiduciaries (power of attorney agent, executor of estate, trustee, or pet caregiver)

7. Control how your pet will be cared for by providing standards and instructions (you want to create duties that require fiduciaries to appropriately care for your pets)

8. Specify any desired limitations or prohibitions (common examples: selling or breeding a pet, chaining or tethering dogs, keeping cats outdoors, using animals for research or testing)

9. Authorize or direct pet-related expenditures and grant someone else access to your money or credit

10. Provide means for enforcing pet-related terms in your estate planning documents

11. Ensure your wishes for your pet are known and will be carried out!

Four Primary Pet Planning Tools:

We have four primary Pet Planning tools that we can use to provide for and protect pets and fulfill our planning objectives:

• Power of Attorney: A power of attorney gives another person the power or authority to act on your behalf as your “agent” or “attorney-in-fact.” Pet terms can be added to a Durable General Power of Attorney or you can create a separate, limited Pet Power of Attorney. A power of attorney can be used to provide for and protect pets during your lifetime and preserve your own relationship with your pets to the fullest extent possible.

• Will: A will controls who receives your property after your death and how it is distributed. You can use a will to transfer your pets to someone else when you die or designate a preferred shelter or rescue organization. Nominating a pet-friendly executor, providing interim pet care instructions, and authorizing or directing payment of pet expenses will help protect your pet and ensure your wishes are followed.

• Traditional Estate Planning Trust: A traditional estate planning trust can be used to provide for and protect your pet during your lifetime, preserve your own continuing relationship with your pet, transfer ownership of your pet upon your death, or maintain your pet with a designated beneficiary or caregiver throughout your pet’s remaining lifetime. Traditional estate planning trusts are routinely used to avoid probate or keep kids and pets together.

• Pet Trust: A Pet Trust is a statutorily enforceable trust relationship for the care of one or more animals. If you die or become permanently unable to care for your animals, a Pet Trust can be used to provide for and protect your animals throughout their remaining lifetimes. Pet Trusts are our one and only Pet Planning tool designed and intended to benefit animals rather than persons. As a result, a Pet Trust is the most protective planning option available for your pets.

Animal Care Instructions:

If your power of attorney agent, executor, trustee, or other future pet caregiver is not familiar with your pets and their needs, it is a good idea to prepare basic information and care instructions for each of your animals. A pet can’t tell a future caregiver about itself, but you can. Include information about any dietary preferences or restrictions, health conditions and medications, allergies, training, daily routines, grooming and exercise requirements, favorite toys and games, any fears or problem behaviors, preferred veterinarians, groomers, trainers, etc.

Pet Plan Notices:

A Pet Plan is just paper unless someone knows about it and can carry out your wishes. Inform your power of attorney agent, executor, trustee, or other future pet caregiver where your estate planning documents are kept and ensure they have access to those documents if something happens to you. Carry a wallet card and place notices in your vehicle glove box and the front pocket of your luggage with emergency pet contacts and other pertinent information. Local emergency responders also need to know that you have pets and who to contact in the event of an emergency. The refrigerator, front window, or backside of the front door are common locations where this information is placed, but it is a good idea to contact your local first responders for their preferences.

This is the final article in the OAA Animal Insider Pet Planning series. Additional information about Pet Planning and the planning options available to you can be found in prior OAA Animal Insider newsletters or the Introduction to “Pet Planning” for Animal Owners guide.

Disclaimer: This information is provided for educational purposes only and is not legal advice. For Pet Planning assistance, please consult with an experienced estate planning attorney.