The first step in planning for pets is to address the question “who will take care of the animals in an emergency?” If there is a short-term disability or illness, do you have someone who will go to your home and feed the cat or walk the dog? Does that person have a key? Do they know where the dog food is? Are the animals familiar with this person?
The short-term caretaker may be identified by an informal agreement like the one we have with one of our family friends. He has a key to our place, knows the animals well and we have shown him where their food is kept, where the vet records are, etc. He has our family contact information and he is an emergency contact on file with our employers and the day care facilities we take our dog to.
Some of our clients have taken a more formalized approach by authorizing an agent to care for their animals in periods of disability and/or hospitalization. This is accomplished by adding language to the power of attorney that specifically grants an agent the power to care for the pet(s). The decision on whether to make a formal or an informal agreement with the caretaker depends on a number of owner-specific issues: the proximity of friends and family, the amount of time and/or work the pets require and the expenses involved in caring for the animals, to name a few.
Regardless of whether an owner takes a formal or an informal approach to short-term planning, it is most important that they have a plan and they write it down. ORS § 130.185 instructs Oregon courts by providing for, “the liberal construction of oral or written instruments as enforceable pet trusts and not unenforceable honorary trusts.” Make a plan. Write it down.
There is a second document that pet owners should be creating for both their short-term and long-term planning: instructions for the day-to-day care of the animals. This document should include all of the necessary contact information for vets, trainers, kennels, etc. It should note the exercise routines of the pets, their feeding habits and any other relevant information. It should tell the caretaker the location of the animals’ health records, vaccination history and licensing information. The U.S. Census Bureau estimates that 22 percent of the nation’s dogs and 25 percent of our cats live in single person households. Creating a detailed set of instructions is particularly important for these pet owners, as it is less likely there will be another individual who is familiar with the pets’ day-to-day routines. A detailed instruction letter is also crucial if your pet has special dietary needs, medical concerns or training issues.
A well drafted estate plan provides the family with adequate instructions on how matters are to be handled during a time of crisis. If your family includes household pets, you should think about what would happen to them in a short term emergency. Do you have a friend or family member that would look after your pets? If so, talk to that person about the arrangement and write it down. In my next blog post I will discuss planning for the long-term care of our furry friends.
