Most pet owners treat their furry companions as cherished members of their immediate family. Some lovingly refer to their pets as their “babies.” Pets are treasured and pampered. A lot of people don’t mind spending significant amounts of money to provide for their pets, even when they would not feel comfortable making the same financial commitment to their own personal care. When a dear pet has health challenges or passes away, it can be a huge heartbreak for the human.

So it might come as a surprise that the law does not see pets as anything more than tangible personal property, basically an inanimate object. However, our furry friends, companions and family members deserve so much better. They cuddle, comfort, support, prolong and, in some instances, save human lives. And although the human “parents” or caregivers take great pride in how they provide for their pets while they are personally able to do so, more attention needs to be given to the fate of these same pets in certain unpleasant “what-if” situations. What if the human caregiver becomes physically unable to care for their pet? Or develops mental or cognitive disability? Or dies? 

Unfortunately, in such scenarios the poor pet is at the mercy of the other family members or friends, who might not know the pet very well, might not understand its temperament, habits, or proclivities, or might not have any desire or capabilities to care for it. This becomes especially important when an older human “parent” has very young animal “babies.” So, it is highly desirable to think about many of these questions and discuss any plans for pet care with the estate planning lawyer before any of the likely and uncomfortable life changing events actually take place. 

An estate planning lawyer can help identify areas of concern and suggest practical and comfortable solutions. For example, a comprehensive estate plan may include specific provisions in the core estate planning documents (Wills, General Durable Financial Powers of Attorney) setting forth the financial and living arrangements for continuing pet care after certain life events. In addition to the core estate planning documents, there may be a need for more specific documents outlining only the pet care (Special Pet Powers of Attorney). In some situations, a Trust Agreement to provide for the pet might be advisable.