Pet owners, myself included, consider their pets as part of their families. A 2001 survey by the American Animal Hospital Association found that 83 percent of pet owners refer to themselves as their pet’s “mom” or “dad.” But what happens to pets when their “parent” becomes incapacitated or dies? The most effective way for a pet owner to ensure the continuity of care for a beloved pet in the event of the owner’s incapacity or death is to establish a Pet Trust.
Since 1990, when the Uniform Probate Code validated Pet Trusts, many states, including New Jersey and Pennsylvania, have passed laws that allow pet owners to establish trust funds to take care of pets after the owner has become incapacitated or died, just as if the animals were minor children.
Jerold E. Rothkoff, Esq., my employer and colleague, stated that the benefits of a Pet Trust cannot be overstated: the existence of a trust can literally mean the difference between life and death for a pet whose owner has become incapacitated or dies. Additionally, a Pet Trust helps ensure that the pet will be cared for in the manner specified by the owner (who, after all, knows the pet better than anyone else).
A Pet Trust also has important benefits for pet owners, including peace of mind in knowing they have rewarded their pets for their loyalty and affection, by ensuring their pet will receive proper care throughout life.
A pet owner’s incapacity should not spell the end of this important relationship; this is when the owner needs the pet’s love and companionship the most. It is well known that pets have a significant impact on a person’s physical and mental health. Whether playing a game of “catch” to help a stroke patient improve muscle tone ,or just being a calm, familiar presence for an owner suffering from dementia or Alzheimer’s disease, pets can play an important role in an incapacitated owner’s medical treatment and quality of life.
Some may question the need for a Pet Trust. Many believe that a bequest in a will to a caretaker with directions on how to use the bequest to care for the client’s pet, will achieve the same goals of ensuring the pet’s comfort and continuity of care. However, such a bequest may not be enforceable or sufficient to protect the pet when the owner dies; the beneficiary can simply take the money and leave the pet in a shelter.
Protecting your animal companions is a two-step process. Mr. Rothkoff notes that the first step is to establish the Pet Trust. The second step is to include an article in the will naming the Pet Trust, and giving specific instructions for its funding. Pet Trusts are not limited to dogs and cats but may be established for all kinds of companion animals, including birds, horses, reptiles, rodents (hamsters, rabbits, gerbils, guinea pigs, ferrets, etc.), and even fish.
Every Pet Trust must name a trustee. The trustee disburses funds to the caretaker, who carries out the grantor’s detailed directions concerning the pet’s care and maintenance. The more specific the instructions, the easier it will be for the caretaker to care for the pet. The Trust should include specific instructions about all aspects of the pet’s care, from the brand of food the pet prefers, to the park where he/she likes to walk, to the grantor’s preferred veterinarian and groomer. A person with more than one pet can direct that the pets must live together.
It is not necessary to execute a new trust document each time a new pet joins the family. The trust may cover all animals that the grantor owns at the time of incapacity or death. If the pet requires special care, however, it is wise to designate the animal by name and description. Knowing that the Pet Trusts will play an important role if the owner becomes incapacitated, it is recommended that the trust be funded during the grantor’s lifetime and supplemented upon the grantor’s death.