Two Documents Every Pet Owner Should Make

Most of us are used to the idea that no matter how attached we become to our animal companions, they will eventually die. It is a heart-wrenching experience and one we do not like to consider, but something most of us have lived through. What is often not considered is what would happen if our pets outlive us. The older we get, the greater the possibility that nature reverses itself and we leave our pets rather than the other way around.

If that should happen, what will become of them? Is there someone who is willing to care for them? Would they know how to care for them? Do they know their diets, grooming, exercise regimen, discipline methods, and where he or she likes to be scratched? Will they have the means to not only provide food and shelter, but also vet costs and extraordinary costs? Will they have the time to socialize with your pet as you have done?

Unfortunately, for most pet owners, the issue is dealt with, if at all, in a simple addition to their wills or living trusts that names a trustee, a caregiver, and sets out an amount of money to be set aside for the benefit of the animal. With that false sense of security, little else is done.

Let’s take a look at some of the provisions that should go into a pet trust and some provisions that should be made in documentation outside the trust.

A trust for a pet can be a sub-trust of your revocable living trust, or it can be a provision in your will. Keep in mind that if it is in a will, there is a good likelihood of probate and what is also likely is a yearly visit to the court with an accounting that tells the court what has been earned by the trust and what has been expended by the Trustee out of the trust assets. So unless the amount set aside for the benefit of the pets is distributed outright through the probate of the will to the person who will be caring for the animal(s) with the hope that they will use the assets to care for the pets, there will be annual visits to the courtroom.

Generally speaking, then, it is best for the assets to be used for the benefit of the pets be held as a sub-trust of your revocable living trust. The trust will be fairly general and limited to who will act as Trustee, who will act as the caregiver, what amount will be set aside for the benefit of the estate and what expenses the trust will cover (including compensation of the Trustee and caregiver). Your Pet Care Instructions document should be much more specific.

The Pet Trust Provisions

Preparing a trust for your pet’s care will include the following provisions:

1. Name a Trustee and an alternate or two in case the person or entity you have named is unable to carry out their duties for some reason. The Trustee is the person who is responsible to manage the assets of the trust. Some of those assets, such as the animals themselves, may be delegated, but the ultimate responsibility is on the trustee to properly manage the assets.

2. Name a caregiver and an alternate or two in case the person you have named is unable to provide the appropriate care when the time to do so arrives. Your trust should also have a provision that if no caregiver is available when the time comes, that the Trustee should choose an appropriate caregiver.

3. Provide funding for the trust. Will a particular life insurance policy name the trust as the beneficiary, or will a certain specific amount be set aside for the purpose? Keep in mind that in Nevada, the trust may provide a reasonable amount. If a court is persuaded by the ultimate beneficiaries that the amount set aside for the pets is too much, it can reduce the amount and award the ultimate beneficiaries the balance.

4. What will happen to the trust assets when the last of the pets dies? Will the funds then be distributed to the caregiver? If so, there is an inherent conflict of interest because any amount spent on Miss Piggy will be less that will finally be distributed to the caregiver. If that is not an issue in your case; if you are convinced of the integrity of the caregiver, that is not a bad choice. On the other hand, if you are providing for compensation to the caregiver and the balance of the funds will go to a charity, for example, you have created incentive to keep Miss Piggy alive and well.

5. Specify the items and activities for which the trust assets are to be expended. Keep it simple; remember, the pets you have today may not be the pets you own at death. Your Pet Care Instructions will provide more detail on your particular pets and that can change as you acquire or lose pets over the years. Typical provisions will include food, temporary shelter in the event the caregiver has to be gone for an extended time, veterinarian care and even long-term care for pets. Other expenses should also be considered such as liability insurance in case the pet bites or otherwise injures someone and veterinarian insurance, so you are assured of the availability of care at all times.

6. Specify how the expenditures to be reimbursed are to be documented. Perhaps the caregiver is required to present copies of receipts, or ask for a certain amount each month and receipts verifying proper expenditures for the amount distributed.

The Pet Care Instructions

This is the document that will be much more specific, because you are going to provide detail on each of your pets. This document will also be more fluid because you will make changes as the animals age, pass away or as you acquire other pets.

It is important to know that this document is not a legally binding document, so what you provide here is only intended to give direction, guidance, and instruction to your caregiver and, to a lesser degree, to your Trustee.

This document will necessarily be different for every person and for every animal, but here are some suggestions to consider:

1. Food and diet can mean the difference between quick acceptance of the new situation or severe separation anxiety. Is there a special diet the animal is used to or are they pretty much used to whatever they find when they knock over the garbage can? Are there foods to avoid due to allergies or digestive difficulties? Are they used to receiving their food at a specific time or is it always out and available when they decide to eat? Is there a weight problem that you have been addressing by portion sizes and timing? Continuing their eating regimen provides great comfort and can make a huge difference in their new home.

2. Grooming is different not only from species to species, but from pet to pet. If a cat has never experienced a bath other than what she has givenherself, your caregiver should expect a quick lesson in what a real cat fight looks like if they try a bath with real water. On the other hand, if they are bathed regularly, describe for your caregiver what steps are taken afterward to restore the natural oils and to provide skin protection. Are they used to a particular brush, blow dryer, or other appliance? Is there a grooming service you have used on a regular basis? If the animal is used to a schedule and the schedule is continued, grooming is not only soothing to the pet in the new situation, but it will allow for faster bonding, as well.

3. Special schedules, special toys and special words that have meaning to the animal may provide for a better experience in a new situation. Describe these for your pet’s caregiver including detail such as whether these special things are common, used in particular situations, or are particular only to one member of the family, but not to others.

4. If you are definitely set on the idea that the pets must be kept together, that should not only be specified in this Pet Care Instructions document, but also in the trust, itself. Keep in mind that your wishes will be honored if it is reasonable, but only in that event. When animals from the same litter have been raised together, it is very important to their wellbeing that they remain together – be sure the Trustee and the caregiver understand this.

5. Talk to the Trustee and caregiver and go over the things you think are most important. Give them a copy of the Pet Care Instructions and review the salient parts with them. Have a conversation that allows them to ask questions and give their input. Most important, let the caregiver develop a relationship with the pets, so they are familiar with their touch, smell and the sound of their voice.

6. Make sure your Trustee and caregiver know where the important documents such as the trust agreement and Pet Care Instructions are kept. If they are in your computer, be sure someone knows how to find the documents and the passwords to get into the documents.


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