Planning for your four-legged loved ones can in many
ways be just as challenging as planning for your two-legged loved ones. A
typical question that arises in the course of planning for loved ones - Do I
need a trust or a will? - is commonly answered the same way when you are
planning for your pets. The answer is, “It depends.” Factors that have to be
addressed when planning for your pets include the following: the number of pets
you own, whether any of your pets have unique circumstances that necessitate
special planning (ie. health concerns, unusual behaviors, etc), your financial
resources to ensure that your pets are adequately provided for, and the
identity of one or more caregivers or trustees. These are just a few of the
issues and concerns that must be considered to create a plan to ensure that
your pets will be properly cared for when you are unable to do so yourself,
either through natural disaster, disability or death. No two pet-owners’ circumstances
are the same and in each case the planning goals of the individual must be
addressed so the proper legal structures can be created to ensure those goals
are fulfilled.
The
first step in planning for your pets, and one of the most crucial, goes beyond
the legal design of a pet estate plan. The first step is selecting the
caregivers who will have physical custody of your pets and will provide the
home where they will live. Much like planning for minor children, before any of
the financial considerations are addressed, you have to determine and feel
comfortable with the person(s) who is going to be the guardian of the children.
Finding the right person can be a challenge. You may consider family or
friends, but what do you do if you can’t think of anyone suitable for this
important role? You could consider a pet sanctuary or perpetual care facility.
In other cases, you might consider creating an Animal Care Panel, a panel of
trusted individuals whose job it will be to select and oversee an appropriate
caregiver when the time comes. The people on your Animal Care Panel might
include family, close friends and/or your veterinarian. When choosing a
caregiver, here are some important factors to consider: Is this person
responsible and committed to caring for your pets for the rest of their lives?
Does the person already have pets of their own?
Will the existence of a new pet cause issues for your pet or the pets
who already reside there? What plans have they made for their pets if something
happens to them? Once you’ve selected an appropriate caregiver, never take for
granted their willingness to serve; sit down and discuss the important role you
have in mind.
You
will also want to consider the issue of compensation for your caregiver and
providing resources for your pets. There are a number of different choices. One
way is to make an outright gift of your pets along with a sum of money to
provide for their lifetime care. This has the greatest amount of risk. Another way to create a pet trust (either in
a will or in a revocable living trust) that will provide compensation for the
caregiver while also providing for the expenses of your pets. There are an
unlimited number of possibilities in this regard and you should work with
someone knowledgeable to help you create a compensation plan that will be best
for your situation. It is important to consider the lifetime costs of caring
for your pets to ensure that you are providing enough resources for your pets.
One way to make more than sure that you’ll have sufficient money is to consider
the purchase of a life insurance policy. I have one client who purchased a
policy for $1 million dollars to make sure that his numerous pets would be
properly cared for. That way, he can live out his retirement comfortably
without having to worry about the future of his pets.
Selecting
a trustee to manage the money for your pets may also be a critical part of your
plan. This person could be the same person as your pets' caregiver, but in many
situations it may not. If you need another choice, you might consider the
services of a certified public accountant, attorney or trust company to act as
trustee. Your trustee will be charged with the responsibility of making sure
that your wishes with regard to the care of your pets are followed.
Planning
for your pets doesn't just mean considering what will happen if you die. You
also have to consider the welfare of your pets in the event of a natural
disaster or in the event of your disability. What if a hurricane forces you
from your home and you are unable to take your pets with you? Have you made any
provisions for how your pets will be cared for?
What if you have to go to the hospital or a nursing home for an extended
stay? Is there someone ready on the sidelines who can step into your shoes
until a temporary or permanent replacement home can be found? I recommend to my
clients that they create a notebook for their pets detailing all of the
important information for each of their pets including the pet's name,
description (including picture), age, health, special instructions, veterinary
information, etc. This way, if the information is needed in an emergency, the
notebook is always up to date with critical information.
A comprehensive estate plan that
includes your pets will also include a financial power of attorney with special
provisions to provide for the care of your pets, detailed pet care instructions
in your pet notebook for emergencies and a will or a trust with detailed
instructions regarding the care and placement of your pets in the event of
disability or after death, including compensation for pet care expenses and the
caregiver.
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