Durable Power of Attorney

Sample Language for Durable Power of Attorney

Language similar to the following (in italics) could be used in a durable power of attorney (or revocable living trust[1]). This language below is intended for illustrative purposes only and should not be used or otherwise relied upon in drafting legal documents without accompanying legal advice and making necessary changes to appropriately integrate such sample language with the other provisions of the applicable legal document. (See discussion above.)

In the event that the Principal is unable to provide for the care of the Principal's pets animal(s),[2] the Agent is authorized to: (1) take possession and custody of the pet [OPTION: or provide possession and custody of the pet to the Trustee of the [NAME OF REVOCABLE LIVING TRUST]]; and (2) expend or otherwise utilize such amounts of the Principal’s funds or other property as may be necessary or advisable to provide for the health, care, and welfare of the pet, including (but not limited to) food, veterinary care and/or insurance, toys and other recreational activities, and temporary boarding and/or pet-sitting fees. In exercising such authority, it is intended that the Agent will maintain the pets in the same standard of health, care, and welfare as the Principal provided. [OPTIONAL: Unless medically or physically impracticable, the Agent shall permit the Principal to have as much contact with the pets as the Principal did before becoming incapacitated.] For the purposes of this instrument, any such actions by the Agent taken for the benefit of the Principal’s pet shall be considered taken for the benefit of the Principal.

[1] This language could also be modified for placement in a revocable living trust, where the “Principal” is the settlor and the “Agent” is the successor trustee. However, it would be effective only if the pet animal actually becomes property of the trust.

[2] As an alternative, the pet could be named specifically, although the above approach takes into account the fact that the Principal may have a different group of pets at the time of his or her death.