Pets usually have shorter lifespans than their human owners, but what if you are the one who becomes ill or incapacitated, or who dies first? How would they be cared for? And who would care for them? To ensure that your beloved pet continues to receive food and water, shelter and veterinary care should something unexpected happen to you, it is crucial that you plan ahead and make provisions for your pet in the event of your passing.
Provide for Your Pet After You Have Gone
In order to ensure that your pet is taken care of should you die first, it is important that you make formal arrangements that specifically cover the care of your pet. Even if a friend or family member have previously agreed to care for your pet in your absence, a verbal agreement is not enough – even if you have decided to leave money to that person for the purpose of caring for your pet. Speak to a solicitor that provides Will writing services about drawing up a special Will, trust or other document to provide for the care and ownership of your pet as well as the money necessary to provide the care it needs.
What Options are Available to You?
With several pet care options available to you, such as handing responsibility for your pet to a family member, putting it up for adoption or even paying for care, how do you decide what is best for your pet in the event of your death? First, decide whether you want all of your pets to go to one person, or whether different pets should be cared for by different people. If possible, try to keep pets who have bonded with one another together, as this will make it easier for them to cope with new surroundings.
When deciding who would be best suited to care for your pet, consider partners, parents, siblings and friends who have either met your pet or who have experience of caring for pets themselves. Also, it is always wise to have a backup plan in case your first choice becomes unable or unwilling to take on the responsibility of caring for your pet. Be sure to discuss your expectations with potential caregivers so they appreciate the responsibility of looking after your animal, and that they fully understand how you wish your pet to be cared for. The new owner will have full discretion over the animal’s care—including veterinary treatment and euthanasia—so it is important that you choose a responsible person who you know will do what is in the best interests of your pet.
Choosing the Right Option for Your Pet
Whether you decide to give the responsibility of looking after your pet to a family member, put your pet up for adoption or put aside a certain amount of money to care for it in the event of your death, each option has its own distinct advantages, some of which are detailed below:
I) If a family member agrees to take care of your pet, you have the advantage of knowing who will look after them, and you would be able to discuss the arrangements with them before including it in your Will. This would also provide you with the peace of mind of knowing that somebody you love and trust will take care of your pet after you have gone.
II) If you decide to set aside some money to pay for care, you know that your pet will have the security of food, water and shelter – as long as there is sufficient money to cover the cost of such provisions. However, there is no guarantee that your pet will receive the same level of care, love and attention that a close friend or relative would provide.
III) In the absence of a suitable friend or relative to take on responsibility for your pet, adoption is usually the preferred option for most pet owners. Pet adoption centers usually have very strict rules about who can and cannot adopt pets, so you can be relatively sure that your pet will receive the care and attention it needs.
Should I set up a Will or a Trust?
Although a Will certainly offers some degree of security for your pet, there are certain drawbacks to Wills. One obvious drawback with a Will is that it only takes effect upon your death, and it will not be formally recognize by a court for several days or even weeks afterwards. Also, if any legal disputes arise over your estate, the final settlement of your estate could take even longer – even determining the rightful owner of your pet. It can therefore take a while before your instructions regarding the care of your pet take effect.
Unlike a Will, a trust can provide for your pet immediately and can take effect if you become ill or incapacitated. When you create a trust for a pet, you set aside money for its care, specify when the trust should come into effect and specify a trustee to manage the funds. A trust can also be written to exclude certain assets from the probate process so that funds are more readily accessible to provide care for your pet, and it can also be structured to provide care for your pet during a lengthy disability or illness.
Consider a Power of Attorney
A power of attorney is an official authorization for someone else to conduct some or all of your affairs for you while you are alive. It can be written to come into force upon your physical or mental incapacity and continue in effect after you become incapacitated. A power of attorney is much easier to set up than a trust as it does not create a legal entity that needs to be maintained by formal means. Special provisions can be inserted into a power of attorney authorizing your designated person to take care of your pets and even to place your pets with permanent caregivers if necessary.
Before making formal legal arrangements to provide for the long-term care of your pet, it is recommended that you seek advice from solicitors who offer will writing services and can help to set up trusts and power of attorneys. It is important to make advance personal arrangements to ensure that your pet is cared for immediately if you die or become incapacitated, so getting the right legal advice for your personal situation is of paramount importance.
Whitehead Monckton is a firm of solicitors in Kent, offering a wide range of professional legal services including will writing, lasting power of attorneys, pre-nuptial agreements and conveyancing services.
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