If you’re like many pet owners, your animal companions hold a special place in your heart. However, in the midst of managing your finances and health, one crucial aspect of planning often gets overlooked: incapacity planning for your pets. The reality is, your pets may be dependent on you for their care, not just in the event of your death, but during a period when you are temporarily unable to care for them, whether due to a medical emergency, injury, or incapacity. The responsibility of ensuring your pets are cared for in these circumstances is just as important as other parts of your estate plan.

The Growing Importance of Pet Care in Estate Planning

Pet ownership in the United States has surged over the last few decades. According to a 2023 Gallup poll, 62% of Americans own a pet, and 35% have multiple pets. With such a high rate of pet ownership, it’s no wonder that pets have become integral members of the family. In fact, 97% of pet owners say their pets are part of the family, and over 51% of pet owners consider their pets as much a family member as a human. As pets increasingly become family members in the eyes of their owners, it’s critical that their well-being is planned for in the event that their human companions can no longer care for them.

Additionally, the amount Americans spend on pets each year has risen dramatically, with households spending an average of $600 to $800 per year on pet care, including expenses for food, medical care, grooming, and pet insurance. With this growing commitment, it’s essential that pet owners take steps to ensure their pets' future care in the event of their incapacity or death.

The Risks of Not Planning for Your Pets

Unfortunately, too many pet owners fail to account for their pets’ future when drafting their estate plans. A survey by Best Friends Animal Society found that while many pet owners have plans for who will care for their pets in the event of their death, only a small percentage of people plan for the possibility of incapacity. As a result, pets are often left in limbo during times of crisis, either ending up in animal shelters or becoming subject to the unpredictable care of others who may not have the resources or willingness to meet their needs.

The COVID-19 pandemic highlighted just how quickly situations can change, and how vulnerable pets can be when their owners are incapacitated. When a pet owner becomes ill or incapacitated, the pet may be left without immediate care if no formal plan is in place. Unfortunately, nearly 1 million pets are euthanized each year after being surrendered to shelters due to their owners’ inability to care for them. This stark reality underscores the critical importance of incapacity planning for pets.

Estate Planning Tools for Pet Care

Many pet owners already recognize the importance of including their pets in their estate planning, but simply leaving instructions about their care in a will may not be sufficient. There are several tools available to ensure that your pets are taken care of in the event of your incapacity, and estate planning attorneys can help you structure these arrangements to suit your needs.

Here are some effective strategies to incorporate your pet's care into your estate plan:

1. Pet Trusts

A pet trust is one of the most comprehensive ways to ensure your pet's care is handled both during your lifetime and after your death. A pet trust works similarly to a traditional trust, but its primary purpose is to provide for the ongoing care of your pet after your incapacity or death.

All 50 states and the District of Columbia have enacted laws that recognize pet trusts. The basic function of a pet trust is to allow you to fund a trust with money specifically designated for your pet's care, with instructions on how the money should be spent. The trust can appoint a trustee to manage the funds and ensure your pet is cared for according to your wishes. The trustee is often an individual chosen by you, and the trust can also designate a caretaker—the person or organization responsible for your pet's day-to-day care.

What makes a pet trust so effective is that it remains valid during your lifetime in the event you are incapacitated. You can specify the type of care your pet will need, including feeding schedules, medical care, housing arrangements, and even the burial or cremation of your pet once they pass away. Many pet trusts can also make provisions for multiple pets, allowing pet owners to set up trusts for more than one animal, with specific funds allocated to each based on their individual needs.

Furthermore, pet trusts allow you to name an alternate caregiver if your primary choice is unable or unwilling to care for your pet, ensuring that your pet is never left without support.

2. Power of Attorney for Pet Care

In addition to a pet trust, a power of attorney (POA) for pet care allows a designated individual to make decisions regarding your pet’s care in the event that you become incapacitated. A power of attorney grants someone else the legal authority to act on your behalf, and in the case of pet care, this document would give your agent the authority to make critical decisions about your pet’s well-being, including medical treatment, housing, and general care.

A pet care POA can be broad or narrow in scope, depending on your preferences. For example, you may authorize your agent to act on behalf of your pet for as long as you are incapacitated or only for a specific period of time. The document can also give the agent authority to relocate your pet, find a new caretaker, or make other decisions related to their ongoing care.

One benefit of a power of attorney is its immediacy—unlike a will, which only takes effect upon your death, a POA can become operative if you become incapacitated or unable to make decisions for yourself.

3. Including Pet Care in a Will

While a will isn’t the most effective tool for ongoing pet care, it can still play a role in your estate plan. A will can specify who will inherit your pet and become its new guardian after your death. However, there are a few limitations when using a will for pet care:

• Voluntary Acceptance: The person named as your pet’s guardian in the will is not legally required to accept the responsibility. If they choose not to, your pet could end up with someone else or, in the worst case, be surrendered to a shelter.

• Timing: A will only takes effect after your death, which means it doesn't provide for your pet in the event you become incapacitated and unable to care for them. Your pet could end up in a shelter or with temporary caretakers until the will is executed.

To address these limitations, many pet owners use a will in conjunction with a pet trust or power of attorney, ensuring their pets are cared for both during their lifetime and after death.

4. Communicate with Caregivers and Loved Ones

In addition to formal estate planning tools like trusts and powers of attorney, it's essential to communicate with those who will be involved in your pet’s care. Discuss your pet’s needs with potential caregivers and explain your wishes. Make sure they understand how important it is to you that your pet is well cared for.

As part of this communication, provide detailed instructions regarding your pet's care, such as feeding schedules, medical care, favorite toys, and comfort items. Leave behind key contact information for veterinarians, groomers, and emergency contacts. By proactively making arrangements, you’ll ensure that your pet’s transition is as smooth as possible, even in the event of your incapacity.

Take the Critical Step for Your Pet

Incorporating incapacity planning for your pets into your overall estate plan is crucial for ensuring their well-being if you’re unable to care for them. While the love we share with our pets is immeasurable, many pet owners overlook the importance of legally formalizing their care instructions, especially in the event of incapacity.

When making incapacity plans, it’s essential to consider not only who will take care of your pets but also how their financial needs will be met and how their ongoing care will be managed. Whether it’s through a pet trust, a power of attorney, or a combination of these tools, ensuring that your pet’s needs are met during times of incapacity is a vital part of being a responsible pet owner.

As more people recognize the importance of their pets as family members, estate planning laws have adapted to reflect these changing views. Don’t wait until it’s too late—plan now to protect your furry, feathered, or scaly companions. A well-thought-out incapacity plan ensures that your pets receive the care and attention they deserve, even if you’re no longer able to care for them yourself.

Reach out to an estate planning attorney to get started with incorporating pet care into your estate plan today.