Making Dog, Cat Wills: Tips For Creating Pet Powers of Attorney, Trusts

What would happen to your pets if you pass away?

While it’s a sad situation to ponder, the reality is that like other death-related preparations, it pays to think ahead when planning for your pet’s well-being.

Jesse Hynes of Wanderpolo & Siegel, a New Jersey-based law firm, told Patch that there are multiple options available for pet owners looking to ensure their beloved dog, cat or other companion animal is well-cared for after they’ve passed.

PET TRUST

A pet trust can be set up immediately or put in a person’s will for after death, Hynes said.

“This leaves money in a trust for your pet and names a trustee who can access the funds for your pet’s care,” Hynes summarized.

“When people think of pet trusts, they think of the extreme cases, like Michael Jackson leaving $2 million to Bubbles the chimpanzee or Leona Helmsley leaving $12 million to Trouble the Maltese. While those examples are larger media stories, it is far more common for people to leave moderate amounts to their pets to ensure their care.”

There are, however, a few legal requirements that must be followed, Hynes advised.

According to Hynes, the trust can last no longer than 21 years, and no money in the trust can be used other than for the pet. In addition, if the court determines that the amount in the trust substantially exceeds the amount required for the intended use, the court has the ability to reduce the amount in the trust.

PET EMERGENCY WALLET (DOOR CARD)

Hynes recommended that pet owners create a “pet emergency wallet” in case something unexpected happens to them.

Hynes said that a pet owner can create a card that reads: “Please help my dog who is home alone. If something were to happen to me, please contact the people on the reverse side of this card.”

“The contacts are usually neighbors or the person that you appoint as agent under your pet power of attorney,” Hynes said.

PET POWER OF ATTORNEY

There is one other preparation that a responsible pet owner can take… create a pet power of attorney document.

“While ‘pet will’ has a nice ring to it, the more accurate description is pet power of attorney,” Hynes clarified.

“To most people, including myself, pets are pretty equivalent to children nowadays. Imagine if you have a child and something happens to you, you’d want someone to be able to care for your child," he said. "Unfortunately, it happens often that when someone gets sick or dies, their animal ends up in the shelter. A Pet POA allows you to appoint an agent who can care for your pet. This document links with your regular POA, generally a separate document, and gives your agent under your regular POA the authority to give money from your funds to the agent under the pet POA to care for your dog: buy food, go to the vet, etc.”

Generally speaking, friends and family will care for your pets, but this gives the agent the authority to use your money to care for the animal, Hynes explained.

“Imagine the situation where your dog needs surgery,” Hynes said. “Who is going to pay for it? Most family members would not want to pay out of their own pocket for those types of expenses for someone else’s pet. However, when the pet is yours, most people would spare no expense to help their pets.”

Hynes noted that a pet POA terminates at the death of the owner, so if there’s nothing in their will or there is no pet trust set up, more questions will arise regarding who will care for their animal and with what money.

The most important concept when drafting a pet POA is to plan for the care of your animal, Hynes advised.

“Beyond the specific words, you need to appoint someone who you trust to care for your pet as if he/she were their own. Another important thing to include is any important instructions about that pet, such as what medicines they take and how often, or any dietary restrictions. Listing the info on your vet is also extremely important because most people would rather the pet continue to see the vet who is used to the animal.”

Hynes stated that it’s important to include a clause that allows your agent to receive money to care for your pet.

“However, if you don’t have a normal POA, then that clause will be useless,” Hynes added. “This is because there will be no one who has the general authority to access your money. This clause in a pet POA allows you to receive money from your regular POA agent. It may be important to specifically include the types of care the pet POA can do: taking custody and providing immediate or long-term care, any necessary veterinary services, ongoing medical treatment, veterinary intervention and even euthanasia. The last is a tough topic to talk about, but you don’t want your agent doing everything to keep your pet alive because they feel guilty. Especially if your pet would suffer because of it. At the end of the day, nothing trumps a discussion with your agent about what your wishes are with your pet.”

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File Photo: Walter Lim, Flickr Commons