Estate Planning for Pet Owners

Your pets are family, but in the eyes of the law your fur-babies are considered property.

Upon your death or incapacity, there may not be anyone looking out for your pets without a bequest in your will or a trust in place.

Confirm a Caretaker

The first step to making an appropriate plan with your pets in mind is to identify a friend or family member who would best take care of them. Be sure to discuss the idea with your preferred contact and confirm that they are willing and able to take care of your pet in the event you can’t. After this discussion, you can bring your caretaker’s information to your attorney to be recorded in the appropriate documentation.

Execute Durable Power of Attorney Documents

The Durable Power of Attorney document (more commonly referred to as “Financial Power of Attorney”) is an important, binding legal document that grants authority to another individual to act on your behalf. There are many important choices you must make to complete this form. One of the many options presented on the form can allow you to authorize an individual agent to provide for the reasonable care of your pets in the event that you become incapacitated.

Create a Will and/or Trust

Although the Power of Attorney document can help in the event you become incapacitated, this document becomes invalid upon your death. You can establish a Will with information regarding funds and the caretaker for your pet. In your Will, you can also name the individuals to inherit those funds after your pet passes away. If no one is named, the funds will pass to your heirs at law. As always, it is better to execute a document that expressly complies with your wishes, so you are best off making this decision for yourself.

If you have not already considered the future welfare of your pets, consulting with an Estate Planning attorney can put you on track to modify your existing plan, or create a new plan to care for your pets upon your disability or death.