Watch: Estate Planning
This webinar discusses how to make sure your dogs are properly cared for in the event that something happens to you. It discusses informal and formal arrangements for estate planning, including provisions you can include in your will and powers of attorney, to make sure your dog is protected.
Disclaimer: This resource is provided for general information purposes only, and shall not be construed as legal advice on any subject matter. Any advice we provide does not create an attorney-client relationship. We are not acting as your lawyer and are not barred to practice in your state. We would recommend connecting with a lawyer in your state if you are able. Legal advice is dependent upon the specific circumstances of each situation and the law may vary from state to state. Some information in this resource center may not be correct for your state or for your specific circumstances. This resource was prepared only in accordance with U.S. law and does not reflect the laws of any other country. Good Dog expressly disclaims all liability in respect of actions taken or not taken based on any or all of the contents in this resource center.
Transcript
Christine Liu [0:00] Hi, everyone! My name is Christine, and I’m on the Good Dog Legal Team. I’m here to talk to you a little bit about different arrangements you can put in place to make sure that your puppy or dog is properly cared for in case the unexpected happens to you. The first topic I want to talk about is a power of attorney or a POA. This is something that you can put in place to make sure that your puppy or dog will be cared for if you become ill unexpectedly. One thing to call out is a POA is not an estate-planning tool. It’s really just something to put in place so a caregiver can have authority to act on your behalf if something unexpectedly happens to you. This can include anything from potential vet care to other care for your dog or puppy. One thing we would say is you should consider designating a caregiver and a replacement caregiver, just in case something happens to the initial caregiver you selected. It’s also, as I mentioned, important to note that the POA only gives the caregiver the power to make decisions for your pet on your behalf during your lifetime and not following your death. If you want to have measures in place afterwards, you would want something more permanent, which I’ll go through next.
[1:16] In terms of things that you can do to make sure that your puppy or dog is properly cared for without you, you have a few options. First is more of an informal arrangement. This is something that you can enter with your family members, a friend, a vet, a trainer. One thing to keep in mind is this is not a legally binding agreement. It means that you are really relying on the person you selected to follow through with the wishes that you put forth. If you choose this type of informal arrangement, you want to consider having an extensive conversation with the potential caregiver about what your expectations are and make sure that they agree to the role that you would expect them to hold. You also might want to consider having successive guardians in case something unexpected happens to the initial guardian that you selected. You should also be sure to identify someone that you trust and clearly discuss your expectations for your dog’s care so they fully understand the responsibility they’re taking on.
[2:25] In terms of more formal arrangements, one thing that you can consider is a pet trust. A pet trust is a legal arrangement to provide care for a pet after his owner dies. Typically, you’ll create the trust, designate a caregiver, designate a trustee, and the trustee is the person who is responsible for making payments from the trust to the caregiver on a regular basis. One benefit of a pet trust is you can be very specific in the instructions you leave for the care of your pups, and the trustee will have to follow your instructions. These can include things like the amount of money that should be used on pet care and how the pet should be cared for.
[3:06] Another option is to include a provision in your will. One thing that we want to note is that most states don’t allow you to leave money or property directly to your pet, but you can include a provision in your will that names a guardian will become the owner of your dog or puppy upon your death and specify money that you’re leaving to the guardian to care for your pet. If you use this option, you should make sure that you’re leaving the puppy with a guardian that you trust since they will be legally required to follow any specific instructions or use any money left to take care of the pup in a specific way. It’s also important to keep in mind that provisions in a will only take effect when your estate is administered. This can take a bit of time, which means that your puppy may not have someone taking care of them immediately upon your death. It’s helpful to have an informal or other arrangement in place, just as a second precautionary measure. We have language in our Legal Resource Center that outlines language that you can include in your will, but typically it’ll be something like: “I leave my Golden Retriever, Cat, and $4,000 to Monica, with the expectation that the $4,000 will be used for Cat’s care.”
