By Dr. Marie Gray
Who will care for your beloved pet if you become disabled or die? Unfortunately, many of these pets that have been lavished with love their entire lives are often sent to the animal shelters. Some are neglected, abandoned, or set loose to fend for themselves by relatives that have no interest in their welfare. Many are ultimately destroyed when family or friends did not know what else to do. These loyal companions are confused and frightened. They do not understand where their loved one has gone.
If you truly love your pets you owe it to them and to your peace of mind to include them in your will. Keep in mind that pets are considered property in the United States, thus plans for putting your companion animals in your will are an important part of estate planning.
Long term care for your pet may be handled in several different ways. One way is to set up a Traditional Pet Trust, which is a specific legal arrangement that provides for your pet in the event you become disabled or die. Trusts can be funded in many ways such as with personal funds or with insurance policies. The wisest method of doing this is to contact an attorney to ensure that arrangements are incorporated properly in your overall estate planning. Your attorney would then advise you in how to select a trustee and primary and secondary caregivers. Your chosen trustee will help the person providing care to your pet after you die (the beneficiary) by paying for pet expenses according to your specific directions as long as your pet receives proper care. This type of trust allows the pet owner to specify the type of care to be received, what will happen if the beneficiary can no longer care for the pet and the type of disposition after the pet dies.
Your chosen trustee should be an individual or corporation (bank, etc…) that you trust to manage your property and will make sure that the beneficiary is caring for your pet correctly. In some cases, you might find it better to use a professional trustee or corporation that has experience in managing trusts. Others will be comfortable with a family member or friend as designated trustee.
A second way to ensure long-term care for your pet is to designate a caregiver (whether it be a person or facility) in your will as the beneficiary of an insurance policy with the legal stipulation that the proceeds be used for the lifetime care of your surviving pets. I strongly advise you to consult with an attorney on what needs to be placed in your will so that your pet may receive benefit from any funds you have left for their care and how they will be used.
There are also long-term care facilities that actually care for your pet and will also provide “foster homes.” Cornell University and Texas A&M University have designated areas specifically built and setup for those who wish loving long-term care for the remaining lifetime of their pets. It is critical to select the right long-term care facility for your pet’s future care. Evaluate all financial costs per pet and “offered” benefits prior to signing a contract. Find out how long they have been operating; how are they funded, are they licensed, what is the experience and training of employees and owners? Find out how your pet will be housed, how many are housed, food and special foods offered, exercise areas, adoption requirements and adoption follow-ups. Find out what level of Veterinary medical care is provided such as routine examinations and emergency care. Tour the facility several times until you are satisfied with the results. I would also suggest that you ask about their euthanasia policy and if they will honor burial requests. Get references and call them! Do not sign a long-term contract until you consult with an attorney.
You might ask the same questions of whomever you choose to be your Trustee and/or Beneficiary. Your pets must live with your choices, so choose wisely and make plans for those who love and depend on you now.
Additional information: www.estateplanningforpets.org, www.hsus.org, Pet Trusts, Planning for the Long-term Care of Companion Animals by Nancy Blaney
