For many of us, our pets are part of our family and we want to provide for them, and make their lives as comfortable as possible. However, we don’t think about who will care for them if we are not around. We name guardians to take care of our minor children and we make gifts, or set up trusts, for our children, but what about our pets? I would like to tell you about an option available to you.
Many clients want to provide for their pets, who have been lifetime friends and companions. A lot of my clients have made some provision in their wills and trusts for pets but, in the past, there have been some practical limitations. Some people have dealt with this issue by a private agreement, For example, my wife and I know a man who owns a beautiful African gray parrot, who has a potential lifespan of over 100 years. This man knows that it is quite likely that this pet will outlive him, so he has made arrangements for his son to take care of this parrot when he dies. This arrangement should work because the son also loves the parrot and has agreed to take care of him.
However, whether a client has provided for their pet in a will or trust, or whether they have reached a private agreement with a care giver, many such plans do not work for practical reasons such as:
- There is no enforceable duty to care for the pet. Although most people intend to honor their commitments circumstances change. For example the proposed care giver may no longer be able to care for the pet due to changes in their personal life.
- Also, there is no guarantee that the caregiver will use the money to care for the pet in the manner the client wanted. In the past a client would give their pet to a trusted friend or family member along with a sum of money thought sufficient to care for them for the rest of their life. Again, most people are honorable and wouldn’t take the pet and not use the money to care for the pet, but circumstances can change. I have seen situations where the named care giver was either unable to care for the pet or, in good faith, disagreed with the client’s directions for its care. Unfortunately I have also seen a situation where a substitute care giver could not be found and the pet ended up being brought to a facility to care for it.
To solve this problem you can use a Pet Trust. Minnesota recently passed a law called Trust for Care of Animals. With such a trust one can name a trustee to handle the money for the care of the animal and also name a caregiver. Clients can even establish a “Pet Care Panel,” usually close friends or relatives. This panel can provide oversight and instructions to the caregiver and assist with health care decisions, so the caregiver is not left alone to make these decisions. Current law also allows for the appointment of a “Trust Protector,” who has the power to amend or correct the trust in the future, if circumstances change, can remove and replace trustees, appoint and remove members of the Pet Care Panel and has standing to enforce the trust in court if necessary.
If you are not interested in any of these options, there are the following alternatives:
- An Honorary Trust or an outright conditional gift of the pet. My parrot example above describes this option.
- Outright gift to a veterinarian or animal shelter. The pet, and funds to care for it, could be left with a trusted veterinarian or animal shelter. Some shelters have “guardian angel” programs for this. The advantage of this choice is that it is a simple and relatively inexpensive option. The pet lives out its life in a clinic or shelter and, depending on the program, adoption to a good home may be arranged. This may be a good option if the owner is unable to find someone to be the caregiver upon their passing and a local veterinarian in their area has such a program.
- Outright gift to a Life Care Shelter in exchange for the animal’s lifetime care. The payment depends upon the type of animal and its age. Some examples of life care shelters are Best Friend Animal Sanctuary in Moab, Utah and Stevenson Companion Animal Life Care Center at Texas A&M University. Some of your friends may be able to identify local life care shelters, but I know that these two choices are excellent.
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