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Jeannie was showing her friend JoAnn pictures of her adorable pet Shih Tzu,
Lucky. JoAnn said, "We just
appointed a guardian for our 5-year-old son Charlie.
I wonder what we are supposed to do for our dog Bella. She really is a
member of our family."
Can I Appoint A Guardian For My Pet?
We create such a bond with
our pets, people often think of their animals as children.
In fact, the American Veterinary Medical Association estimates, in 2022,
that over 100 million American family households had a cat or dog. A substantial
percentage of these owners view their pet as a member of the family.
Worrying about who will take care of our pets, if something happens to
us, is natural.
That’s why it might seem
odd that our precious pets are considered "property" under the law. Since we can
only appoint guardians to take care of humans, like little Charlie, our
"pet property" can’t have a guardian.
What Is A Pet Trust?
In the last few decades, as
pets have become a more important part of our family life, estate law has
evolved. The most common way to do
so is to create a pet trust. Though
it was once quite common to leave money in a will, to an heir entrusted to take
care of our pets, as of 2016 all 50 states have enacted statutory "pet trust"
legislation. These are laws that govern pet trusts.
Just like a regular trust,
a pet trust is a legal entity that owns property and money. It also carries
instructions on how to care for a pet if the pet owner is unable to in their
lifetime or has passed away. Pet trusts can be very specific as to how caring
for a pet is handled, and a trustee is appointed to ensure that the owner’s
instructions and wishes are carried out.
Where Do I Start?
Take note that each state
has different laws governing pet trusts.
It is very important to consult with an experienced estate planning
attorney in your state, to make sure that they are familiar with your state laws
governing pet trusts. Whether you are just starting out with your estate plan,
or adding a pet trust to an existing estate plan, your estate planning attorney
will be able to guide you through the process. Your furry friend will appreciate
it, and you will have peace of mind.
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