Paws in Perpetuity: Estate Planning for Your Loyal Companion

By Jennifer J. Carney, Esq.

1. Establish a Pet Trust

One of the most comprehensive and effective tools for planning for the future of your pets is the establishment of a pet trust, which California recognizes under Probate Code Section 15212. A pet trust is a legally enforceable arrangement that allows you to set aside funds specifically for the care of your pet(s). While you cannot designate your pets as beneficiaries to your trust, you may appoint a trustee to manage funds you set aside for your pet and direct how they should be utilized, covering expenses such as food, veterinary care, grooming, and other necessities.

Under California law, pet trusts are legally recognized and binding, providing you with peace of mind that your pets’ needs will be adequately met, regardless of your personal circumstances. A pet trust also allows you to name a caregiver or guardian, who will be responsible for overseeing the well-being of your pets, ensuring they receive the appropriate care as you have intended.

2. Designate a Caregiver for Your Pet

It is equally important to designate a reliable and trustworthy individual to act as the primary caregiver for your pet(s). This individual should be someone who understands the level of care your pet requires, whether it involves specific dietary needs, exercise routines, or medication schedules. You should discuss these responsibilities with the chosen caregiver to ensure they are both willing and capable of providing the necessary care.

In addition to naming a caregiver, it is advisable to provide written instructions that detail your pet’s preferences, daily routines, and any special care considerations. By making this information clear, you increase the likelihood that your pet will be well cared for and maintain their quality of life.

3. Include Provisions for Your Pet in Your Will

Although a will alone does not offer the same level of financial protection as a pet trust, it remains a valuable component of an estate plan. As with trusts, you cannot designate your pet as a beneficiary to your will, but you can include specific instructions within your will to ensure that your pet is placed in the care of an individual who is suited to assume responsibility. You may also allocate funds or specific property for the care of your pet, which can help cover their immediate expenses following your passing. While a will cannot guarantee the ongoing financial support of your pet(s) beyond your death, it does ensure that your wishes regarding their care are known and legally documented.

4. Regularly Review and Update Your Estate Plan

Life circumstances, as well as the needs of your pets, may evolve over time. It is essential to periodically review and update your estate plan to reflect any changes in your pet’s care requirements, your financial situation, or the availability of a caregiver. Keeping your estate plan up to date ensures that your wishes are carried out and that your pet’s needs continue to be met in the event of an emergency or your passing.

Conclusion

Estate planning for your pets is not just about ensuring their financial security; it is also about safeguarding their emotional and physical needs when you are no longer able to care for them. By establishing a pet trust, designating a responsible caregiver, incorporating pet care provisions in your will, you can create a robust plan to protect your pets’ future.