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The Need to Plan?
Life Expectancy of Pets
Death With No Plan
Incapacity With No Plan
The Planning Process
Legal Arrangements
"Pet Trust"
Caretakers
Attorneys
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What Legal Arrangements Can I Make for the Care of My Pet?

As a conscientious pet owner, you must decide whether and to what extent you need to make the arrangements for your pet "legal".  In this regard, not to choose is to choose.  (See What Would Happen to My Pet If I Passed Away? and What Would Happen to My Pet if I Became Incapacitated? )

At the outset, it should be noted that even the most thorough provisions for your pet may be integrated into your current estate planning documents without re-doing your entire estate plan.  For those of you who have no formal estate planning document, there may be practical reasons (other than the care of your pet) to reconsider the need for making formal estate planning arrangements.

There are a variety of legally-enforceable mechanisms that are available for you to provide for the care of your pet when you are no longer able.  For a brief discussion of each type of document, see Documents Addressing Pet Care Upon Death and Documents Addressing Pet Care Upon Incapacity.  The appropriateness of a particular document depends on the circumstances involved and the laws of the jurisdiction where the pet owner and pet reside.

Whatever method you choose, you generally have two options for making provisions for the care of your pet:

Gift to your caretaker

The most obvious method of effectuating a plan for your pet’s care is to simply give your caretaker ownership the pet and any caretaking funds in your estate planning documents.  This is the simplest method, but it is also the least protective of your pet.  For example, even if you impose a condition that the caretaker use the caretaking funds for your intended purposes, there is generally no legal impediment to preventing the caretaker from using the caretaking funds for other purposes unless, perhaps, you live in a jurisdiction that has adopted a certain type of “pet trust” statute.

Trust

The more complicated and more protective choice is to establish a trust, whereby yet another party is appointed to watch over the caretaker under a trust agreement.  (See What Is a “Pet Trust"?.)