A Pet Project

Bob Barker, Doris Day, Oprah Winfrey, Betty White. What do these folks have in common? They are well-known pet lovers. Many celebrities have made generous gifts in their wills for the continuing care of their beloved pets. While this may seem like a perk for the lucky pooch who finds itself chosen by the rich and famous, more and more of us regular people are beginning to take the future of our pets’ lives very seriously.

Often the attorneys in my office are being asked to include provisions into our clients’ estate planning documents to provide for their animals when the person becomes incapacitated or dies. And by animals I don’t mean that unshaven nephew over at the college dorm, the one sprawled out on his unmade bed surrounded by fast food wrappers and beer cans. No, I mean the loyal, friendly, panting beast that curls itself around your feet on a cool spring evening while you sit out on the porch reading this magazine.

Your loyal pet has become a part of the family unit, and people cannot bear the thought of having the little guy put down, or shuffled off to live with some unsavory relative. So they ask us to make arrangements in wills and other documents to address the pet’s custody and support situations. Ownership of a pet is not cheap, either. The annual cost of having a pet in the house can be from $300-$3,000 per year, depending upon the breed, the amount of veterinarian’s bills, the food and the need for grooming. Many clients are seeking to have language placed in a will that will address all of this, and to create a fund for their pet to be kept separate from the money they might be leaving to family. This puts demands on both the custodian of the animal as well as the attorney who is drafting the language.

Some clients are willing to leave an amount of money needed to care for their pet directly to the individual whom they have selected to be the custodian of the pet. This gift should be conditioned on that custodial person’s promise to care for the pet as you have asked. However, once the money is received by the custodian, there is no oversight as to how the money is spent, so the choice of custodian becomes the most significant decision that you make, even more so than the amount of money that you designate for the pet.

Other clients will want the pet’s money kept in some kind of trust for the remainder of the pet’s life, then the money would be given to an individual or to a pet-oriented charity. This involves the appointment of a trustee to hold the money and to dole it out. That person will have to perform his or her services until the pet passes away, so make sure you appoint a person with a life expectancy at least as long as the pet will live. If you keep elephants, parrots or sea turtles, this could be a problem, but for the rest of us, think about naming a backup in case your first choice quits, moves, gets sick, dies or marries someone who is allergic to your pet. Don’t overlook that last remark, because according to reports, one out of five romantic relationships ends over pet disputes.

So you are really creating two positions here: the pet custodian and the trustee of the money. If you appoint the same person, you run some risk that they may not act properly. For example, if you set aside a fund with $25,000 for your pet, and declare that the money left over after your pet’s life ends goes to the custodian, if the custodian has no scruples, they will drop your pet at the nearest shelter or worse yet, by the side of the road in Wilmerding, and take the money. Consider appointing two separate people so each can keep an eye on the other and monitor their performance.

Another area that requires your attention is the potential need for a custodian of your pet during your lifetime. In the event that you become ill or infirm, or you need to go to a short-term rehabilitation facility or to a long–term nursing home, your pet may not be able to accompany you. The solution to this dilemma is through a provision in your power of attorney appointing an agent to care for your pet. The veterinary care professionals may begin to require this document before your friend can obtain needed health services for your pet. And your agent will also need permission to spend your money for those services.

Careful planning and drafting of appropriate documents can give you the peace of mind you deserve when contemplating the future of your pet. A couple of resources used for the preparation of this article are listed below, and I encourage you to visit these websites and acquaint yourself with the topic. As always, if you have any further questions, contact your friendly neighborhood estate planning attorney.
www.peteducation.com
www.estateplanningforpets.org
www.petcaretips.net

Christopher M. Abernethy has been practicing law in Hampton Township since 1976. He focuses on elder law, which includes wills, trusts, powers of attorney, living wills, and probate matters. He also is proficient in all aspects of real estate law and business law. He is a member of the National Association of Elder Law Attorneys, and the AARP Legal Services Network. He can be reached at 412-486-6624 or by email at cabernethy@aaylaw.com.