Providing for Your Pet's Future Without You

Before making formal arrangements to provide for the long-term care of your pet, seek help from professionals who can guide you in preparing legal documents that can protect your interests and those of your pet. However, you must keep in mind the critical importance of making advance personal arrangements to ensure that your pet is cared for immediately if you die or become incapacitated. The formalities of a will or trust may not take over for some time.

Here is some sample language that you can use in your will to provide your executor with guidance in arranging for your pet's care:

{Article Number} A. As a matter of high priority and importance, I direct my Personal Representative to place any and all animals I may own at the time of my death with another individual or family (that is, in a private, noninstitutionalized setting) where such animals will be cared for in a manner that any responsible, devoted pet owner would afford to his or her pets. Prior to initiating such efforts to place my animals, I direct my Personal Representative to consult ______________________, D.V.M. (currently at the _______________________ Hospital), or, in the event of Dr. _____________'s unavailability, a veterinarian chosen by my Personal Representative, to ensure that each animal is in generally good health and is not suffering physically. In addition, I direct my Personal Representative to provide any needed, reasonable veterinary care that my animal(s) may need at that time to restore the animal(s) to generally good health and to alleviate suffering, if possible. Any animal(s) not in generally good health or who is so suffering -- and whose care is beyond the capabilities of veterinary medicine, reasonably employed, to restore to generally good health or to alleviate suffering¿shall be euthanized, cremated, and the ashes disposed of at the discretion of my Personal Representative. Any expenses incurred for the care (including the costs of veterinary services), placement, or transportation of my animals, or to otherwise effect the purposes of this Article ___________ up to the time of placement, shall be charged against the principal of my residuary estate. Decisions my Personal Representative makes under this Article ____________________-for example, with respect to the veterinary care to be afforded to my animal(s) and the costs of such care -- shall be final. My intention is that my Personal Representative have the broadest possible discretion to carry out the purposes of this paragraph.

Although your lawyer will help you decide what type of document best suits your needs, you should be aware of some drawbacks to wills. For example, a will takes effect only upon your death, and it will not be probated and formally recognized by a court for days or even weeks. What's more, if legal disputes arise, the final settlement of your property may be prolonged. Even determining the rightful new owner of your pet can get delayed. In other words, it may take a long time before your instructions regarding your pet's long-term care can be carried out.

This doesn't necessarily mean that you should not include a provision in your will that provides for your pet. It just means that you should explore creating additional documents that compensate for the will's limitations.