Taking Care of Pets and Other Animals in One’s Estate Planning.

Pets and other animals (e.g., livestock) are important to people and can even feel like family to their owners. Animals can be expensive. They need veterinary care and board and care in the event that the owner is no longer able to take care of them. That is why one’s estate planning should consider the care and placement (adoption) of pets and other animals in the event on the owner’s disability and death. Who will take care of the animals and what resources will be available to pay for related expenses?

Primary consideration should be given to the animal’s life expectancy, the animal’s current and expected health care and living needs, the associated expenses of meeting such needs and what options exist for the animal’s humane placement (adoption). Estate planning allows a person to include delegated authority and instructions to agents and to successor trustees who become responsible for such animals.

As with all estate planning, exploring the options and evaluating each option’s feasibility is best done when there is no immediate and compelling need to take action. For example, an owner may prefer specific veterinarians and boarding care services based on experience and research. Such planning merits periodic reexamination given relevant changes in circumstances and available options.

A power of attorney may specifically authorize and direct an agent to use the principal’s assets to care for animals. For example, a power of attorney might specifically say, “[m]y Agent shall make necessary payments to support my pets in the same manner and in accordance with the same standard as I may have provided in the past (adjusted if necessary by circumstances).” It might also further say, “[i]n the event that my pets cannot feasibly be cared for at my home, then my Agent is authorized to arrange for their temporary or permanent placement, at my Agent’s discretion, and to pay all associated expenses from my estate.”

Furthermore, a pet owner may more specifically direct where and when the pet should be permanently placed, such as with one or more specific person(s) or through one or more specific not for profit animal care organizations. It is good if the Agent has alternative options in case the desired primary solution is unavailable when needed.

Pet care trusts allow for assets to be held in an ongoing trust for the care of animals. The pet care trust can be part of one’s living trust and be funded with assets from the living trust at the owner’s death. The pet trust is an arrangement involving a trustee who manages the trust assets, a care provider who cares for the animals and receive trust money for such purposes, and perhaps a trust protector to monitor the work done by the trustee and replace the trustee if the trustee is not performing his or her duties or the office become vacant. Pet trusts are typically done in respect of expensive to care for and long-lived animals, such as horses and parrots.

More commonly, however, people authorize that their pets be placed with a family member or adopted through a humane shelter. A specific amount of money may be bequeathed to the person or to the shelter to facilitate such adoption(s).

Planning for the care and placement of one’s animals is responsible. It also gives you peace of mind. Depending on what animals and what desired outcomes are involved the options chosen may be simple or more involved. Discussing the specific situation and desired outcome(s) often occurs within an overall estate planning consultation.

Anyone confronting these issues should seek the assistance of an attorney for specific guidance.
Dennis A. Fordham, attorney, is a State Bar-Certified Specialist in estate planning, probate and trust law. His office is at 870 S. Main St., Lakeport, Calif. He can be reached at Dennis@DennisFordhamLaw.com and 707-263-3235.