Your pet provides you with unconditional love on a daily basis. Don't you want to do the same for them? Leaving your pet's welfare to chance isn't the way to go. That's why, as a pet owner, it’s essential to consider your pet’s well-being in your estate plan. In this post, our Califonia estate planning attorney walks you through the ins and outs of planning for your pet after you die.
How Does a California Pet Trust Work?
In California, you can create a pet trust under Probate Code Section 15212. A pet trust is a legally enforceable document that outlines how you want your pet to be cared for and allocates money to support your pet when you are incapacitated or pass away.
By establishing a pet trust, you ensure that your pet’s caretaker has the resources and instructions needed to provide for your pet in the way you desire.
Choosing a Caregiver for Your Pet in Your Estate Plan
Choosing the right person to care for your beloved animals is one of the most important aspects of estate planning. You want someone who loves animals and is willing and able to provide the care your pet needs. This person should have the time, resources, and willingness to take on the responsibility of caring for your furry (or not-so-furry) friend.
Ideally, you should ask a trusted friend or family member who has a strong bond with your pet or who shares your values when it comes to animal care. It’s crucial to have an open conversation with the potential caregiver about your wishes and your pet’s specific needs—things like dietary preferences, medical conditions, or behavioral traits. This ensures they’re fully informed and feel comfortable accepting this vital role.
Just like having a backup trustee or administrator for your estate, it's a good idea to have a backup caregiver listed in case your first choice cannot fulfill their responsibilities when the time comes.
Selecting Caregivers for Longer-Lived Pets
Finding a good caregiver can be more difficult when it comes to pets with longer lifespans—like birds, tortoises, or even certain species of reptiles. These animals can live decades, often outliving their owners, so selecting a caregiver requires even more thoughtful consideration.
For example, parrots can live up to 60–80 years, and tortoises may live over 100 years. When choosing a caregiver for such pets, you need to find someone capable of providing care in the immediate future and prepared for a long-term commitment. It’s worth considering an established younger person, rescue organization, or non-profit dedicated to rehoming your particular pet type.
By planning ahead and choosing the right person, you can ensure your long-lived companion will be well cared for throughout their expected life span, no matter how long that may be.
Providing for Your Pet’s Needs
When creating a pet trust, it’s important to provide comprehensive care instructions to ensure your pet continues to receive the same level of attention and love, even in your absence. Think of it like leaving your pet with a friend for an extended vacation—what details would they need to know to keep your pet happy and healthy?
Start by outlining your pet’s veterinary care, including the name of your vet, any ongoing medical treatments, medications, and vaccination schedules. Be sure to include information about your pet’s diet, noting any allergies, preferences, or feeding routines. Some people also describe things like their pet’s preferred environment, a favorite toy, or an outdoor space they’re accustomed to.
Finally, make sure to allocate sufficient funds in the trust to cover all of these needs.
Estate Plan Documents for Pet Care
In addition to a pet trust, there are other important documents to consider when planning for your pet’s future. A pet protection agreement allows you to designate a caregiver and provide instructions for your pet’s care. You can also include a power of attorney for pet care, giving a trusted individual the legal authority to make decisions on your pet’s behalf in emergencies.
Review and update your estate plan regularly to ensure it remains current and aligned with your wishes for your pet’s care.
Protect Your Pet With the Help of a California Estate Planning Attorney
Estate planning for your pets ensures they are cared for after you’re gone. A comprehensive plan with a designated caregiver, clear instructions, and financial support provides pet owners with peace of mind for their future.
Start including your pets in your estate plan today by consulting our California estate planning attorney.