What happens to your pet if you become incapacitated or die? We have seen many beloved pets abandoned or taken to the animal shelter because an owner has failed to include provisions for the care of their animals in their estate planning documents.
To protect your pets, consider including a provision for your agent under a power of attorney to not only pay your bills while you are incapacitated, but care and pay for the needs of your pet. The following language can be inserted in your power of attorney:
“My agent is authorized to make expenditures for my own care, maintenance, support and general welfare, and for the care and support of my domestic pet SPUNKY, including arranging for his regular exercise, grooming, veterinary care and special dietary needs, if any. I authorize payment from my funds for pet care provided by relatives, care providers or professional pet care services.”
You should also consider naming the person or persons who will be given your animals upon your death in your testamentary documents, whether it be a will or a trust. It is wise to provide a gift of funds necessary to support the pet during its natural lifetime. However, a gift to a person requesting care for your animal provides no guarantee the person receiving the pet will actually use the funds to support the animal.
Although you may not make your animal a beneficiary under your will, you now can establish a trust for a specific animal under California Probate Code §15212. This section allows a trust to be established for the care of a designated domestic animal or pet. However, the trust must terminate on the death of the animal.
There are some websites to visit regarding planning for your pet’s care. Estateplanningforpets.org provides detailed information about pet-care options, including a pet-care cost calculator. 2ndchance4pets.org is a nonprofit that helps make sure your pets are taken care of when you cannot care for them yourself. Aspca.org/pettrust has a question and answer section on pet trusts and hsus.org/petsinwills, the Humane Society website, has free kit on pet-planning.
For many individuals, their pets are a source of great joy and comfort. Including your pet in your estate planning makes more than sense because it is critical to ensure that loving pet owners meet their responsibility to their animals.
Gina MacDonald is a lawyer whose practice is concentrated in the areas of Estate Planning, Probate, Trust Creation and Administration. Ms. MacDonald maintains her office in Canyon Country, California.
For more information, please call 661-251-1300.