Ever thought about who would look after your pets if something unexpected happened to you? If so, you are not alone as the welfare of your animal companions during a health crisis or should they outlive you are critical considerations for responsible pet owners. Here are five strategies available to ensure the continued care of your pets in the event of your incapacity or death.

1.Designate an Emergency Caregiver and Share Information

One of your first steps you can take is to put down in writing information about your pets. For example, you may wish to include a pet’s typical feeding schedule, food they can/cannot eat, medications they take, the veterinarian they visit, any unique habits, and their favorite toys. Next, designate one or more individuals to be the Emergency Caregiver for your pet. Share the Emergency Caregiver’s contact information with your veterinarian. Identify the Emergency Caregiver on clearly marked documentation on/near the inside of your front door and have a small card in your wallet with the Emergency Caregiver’s information on it. Provide your written instructions to the Emergency Caregiver – by doing so, you are sharing information that not only keeps your pet healthy but also helps to keep a routine in place for your pet during a potentially stressful time. Finally, consider giving a set of keys to your home to the Emergency Caregiver.

2.Give Your Attorney-in-Fact the Power to Pay for Your Pet’s Care

A Durable Power of Attorney can provide for pet care in the event of your incapacity. This document can authorize the appointed individual (your Attorney-in-Fact) to utilize your assets to pay for your pet’s ongoing care and maintenance. If the Emergency Caregiver and the Attorney-in-Fact are different individuals, they will work together to ensure your pet is cared for appropriately.

3,Designate Caregivers of Your Pets with Your Last Will and Testament (and Make Gifts for Your Pet’s Care, Too)

You can create a Memorandum in connection with your Last Will and Testament as part of your estate plan. This document can specify individuals (Caregivers) to assume custody of your pets and can be updated without necessitating a complete revision of your Will. This flexibility allows you to adapt your plans as circumstances change regarding your pets.
Financial provisions for pet care can also be incorporated into your Will. A specific distribution to the designated Caregiver, typically ranging from $1,000 to $40,000, can be included in your Will to offset the costs associated with pet ownership, such as veterinary care, grooming, boarding, training, etc.

4.Revocable Trust Sub-Trust for Your Pet

If you are contemplating a more comprehensive arrangement, a pet sub-trust within a Revocable Living Trust may be appropriate. Structuring your estate plan this way allows for the allocation of larger sums for pet care while placing the management of these funds in the hands of a trusted individual separate from the Caregiver.

5.Stand-Alone Trust for Your Pet

If you have a pet that may have substantial longevity or exceptional care requirements (horses, birds, tortoises, etc.), a stand-alone pet trust might be the most suitable choice for you. However, it is crucial to ensure that the funds allocated to the Pet Trust are proportionate to the pet’s needs, as courts may intervene if the amount is excessive.

Integrating pet care provisions into your estate planning is a prudent step to care for your pets. Whether through arranging an Emergency Caregiver or creating simple Will provisions or more complex trust arrangements, numerous options exist to ensure the continued well-being of your beloved animal companions in the event of your incapacity or death. At Samuel, Sayward & Baler LLC, we help pet owners determine the most appropriate strategy for their pet’s specific needs. If we can help you incorporate pet care into your estate plan, please contact our office to schedule a meeting with one of our attorneys.

Attorney Abigail V. Poole is a senior associate attorney with the Dedham firm of Samuel, Sayward & Baler LLC which focuses on advising its clients in the areas of estate planning, estate settlement and elder law matters. She is an active member and Immediate Past President of the Massachusetts Chapter of the National Academy of Elder Law Attorneys (NAELA). 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. For more information visit www.ssbllc.com or call 781/461-1020.

August, 2024
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