As an estate planning attorney, I spend a lot of time educating parents about planning for their children and putting those plans into place for them. For many of you, it is also important to plan for the other members of your family – your pets. Pets are like children who never grow up. They are completely dependent on their owners for care their entire lives. For this reason, it is incumbent upon pet owners to be thoughtful about their pets and plan appropriately for them.
Here are five questions to consider when planning for your pet.
- Who Will Care for Your Pet When You Can’t?
If you are unable to care for your pet, designating a willing family member or friend may be a good choice. It is important to identify both a caretaker who can care for your pet in the short term in the event of an emergency, as well as a long-term caretaker who will care for your pet in the event you are no longer able to do so. Make sure that the caretaker you choose will take the responsibility seriously. If your chosen caretaker has pets of his own, make sure your pet will fit into the household without difficulty. If you do not have any good or reliable candidates among your friends or family, ask your veterinarian to refer you to organizations that serve as pet caretakers.
- Should the Caretaker be Paid and How Much?
Consider whether your estate plan should provide funds to pay for the care of your pet in the event you become incapacitated or following your death. In the event of your incapacity, you can include a provision in your power of attorney allowing your assets to be used for the ongoing care of your pet, either in your home or in the home of a caretaker. Consider whether the caretaker who has agreed to care for your pet at your death has the means to do so from her own resources, or whether you should leave funds to help cover the many costs that will be incurred in the short term or over the pet’s remaining lifetime. The amount that should be left depends on many factors including the age of your pet, your pet’s present health and future health concerns, the cost of routine veterinary care and anticipated extraordinary and end-of-life care, the routine expenses of caring for your pet, and whether the pet will be kept in the caretaker’s home or needs separate accommodations.
- What Information will the Caretaker Need to Care for your Pet?
An important document for any pet owner to create is an information sheet that allows someone who is not familiar with your pet to know how to care for it properly. This document should include the pet’s birth date, identifying marks, food preferences, exercise habits, daily routine, behavioral quirks, likes and dislikes, veterinarian’s name and contact information, pet sitters/walkers names and contact information, health history and medications, and the type of care you would want your pet to receive if it becomes seriously ill. Keep this document in an accessible place in your home, and inform your emergency and long-term pet caretakers where the document can be found.
- How will others know of your plans?
Communication of your plan to others is crucial since your pet is unable to speak for itself. In the event of an emergency, owners should carry a pet alert card in their wallet that alerts the authorities that there is a pet that may need care in the event the owner is unable to return home. The card should provide the name of the emergency caretaker(s) you have identified who should be contacted to take custody of the pet and provide care in your absence. Inform the emergency and long-term caretakers of the arrangements you have made, where they can locate the pet information you have compiled, and how to contact your attorney if formal planning arrangements have been made for the pet’s care during your incapacity or following your death. After you have made a plan for your pet’s care, share that plan with your veterinarian and find out what you need to do to ensure the designated caretaker will be able to secure veterinary care and have access to your pet’s health information.
- Should you formalize the arrangement?
If you have a pet, consider including a provision in your durable power of attorney that allows your funds to be used for the care of your pet in the event you become incapacitated. Without such specific direction, the person handling your financial affairs will not have the authority to do so. Arrangements for pet care following the owner’s death can be informal where there is a family member willing to assume care for the pet without compensation. If you will pay a third party to care for your pet, more formal arrangements are appropriate. Your Will can provide for a one-time gift to a pet’s caretaker following your death, assuming you trust the designated caretaker to use the funds for the care of your pet and not run off to Vegas with the money. If a significant amount of money will be left for the care of one or more pets or pets that require expensive care or are likely to live a very long life (such as horses and birds), a pet trust should be created. A pet trust includes specific guidelines for the caretakers, designates primary and alternate caretakers, names a separate trustee who will monitor the caretakers and make payments to them as provided by the trust, and provides for disposition of the remaining trust funds following the pet’s death.
The next time you are reviewing and updating your estate plan – or creating a plan for the first time – don’t forget to consider your pets to ensure that no matter what happens they are well cared for in the future.
Attorney Maria Baler is an estate planning and elder law attorney and a partner with the Dedham law firm of Samuel, Sayward & Baler LLC. She is also a director of the Massachusetts Chapter of the National Academy of Elder Law Attorneys (MassNAELA). For more information, visit www.ssbllc.com or call (781) 461-1020. This article is not intended to provide legal advice or create or imply an attorney-client relationship. No information contained herein is a substitute for a personal consultation with an attorney.
July 2014