If you have pets, you want them safe and cared for – even if you’re no longer able to provide that care. Hoping they’ll be all right isn’t enough. Far too many animals are left homeless when an owner dies or becomes incapacitated. You can avoid that outcome by planning in advance.
The best way to protect your pet is a pet trust. A pet trust lets you leave money and written instructions for your pet’s care, and it provides legal enforcement so your wishes are followed.
What a Pet Trust Does (and Why it’s Better Than a Will)
A pet trust is a legal arrangement that:
- Names a caregiver — the person who will actually care for your pet day-to-day.
- Names a trustee — a person or institution that manages the money set aside for your pet and pays expenses to the caregiver.
- Specifies how funds can be used — food, veterinary care, grooming, boarding, medication, and even end-of-life care.
- Provides enforcement — the trustee must follow the trust’s rules and can be held accountable if funds are misused.
A simple will can leave money to a person and ask them to care for your pet, but a will doesn’t force the caregiver to use the money for the pet. A caregiver could legally take the funds and not care for the animal. A pet trust prevents that by separating control of the money (trustee) from day-to-day care (caregiver) and by creating enforceable instructions.
Key Choices You’ll Make in a Pet Trust
When we draft a pet trust, we’ll help you decide:
- Who will be the caregiver? Choose someone you trust and who is willing and able to care for your pet. Consider alternate caregivers in case your first choice can’t help later.
- Who will be the trustee? This can be a trusted friend, family member, or a professional (like a bank or trust company). The trustee handles funds and ensures they’re used correctly.
- How much money to set aside. We estimate costs for food, routine care, emergency vet visits, medications, and long-term needs based on your pet’s age, health, and breed.
- Detailed care instructions. Where your pet sleeps, diet preferences, medical routines, exercise, social needs, and any special rituals—these help the caregiver keep life as normal as possible.
- What happens when your pet dies. You can direct remaining funds to a charity, to a person, or another specified use.
- A plan for incapacity. The trust (or related documents) can activate if you become incapacitated, not just at death.
Practical Tips and Common Questions
- Start early. Pet trusts need to be funded and documented in advance to work properly.
- Keep information accessible. Include vet records, microchip info, insurance policies, and where to find the pet’s food or medications. A Life & Legacy Inventory and Assessment Worksheet is a great place to record these details.
- Name backups. Choose alternate caregivers and trustees in case your first choices can’t serve.
- Be realistic about funds. Work with us to estimate reasonable long-term costs – pets can have expensive medical needs late in life.
- Review regularly. Update the trust if your pet’s needs change or if caregiver availability changes.
Other Tools That Help
- Letter of instruction (non-legal): keep a clear, dated letter with practical details for caregivers and vets.
- Durable power of attorney or health-care directives: useful if your incapacity requires someone to manage broader decisions while the pet trust is being implemented.
- Beneficiary designations and titling: make sure accounts intended to fund the pet trust are properly titled or have the correct beneficiary designations.
Why Work with a Lawyer?
Pet trusts are flexible, but they must be drafted and funded correctly to be effective. I’ll help you:
- Draft clear, enforceable trust terms.
- Choose appropriate trustees and caregivers.
- Fund the trust properly so money is available when needed.
- Coordinate the pet trust with your broader Life & Legacy Plan so nothing is overlooked.
Your Next Step
If you want to make sure your pet is cared for no matter what, start now. Book a Life & Legacy Planning Session® and we’ll:
- Walk through your goals for your pet’s care.
- Complete a Life & Legacy Inventory and Assessment Worksheet so every detail is captured.
- Draft a pet trust and related documents that fit your needs and budget.
Planning ahead protects your pet, supports the people you choose to care for them, and gives you peace of mind. If you’re ready, let’s get started.
At Cheever Law, we don’t just draft documents; we ensure you make informed and empowered decisions about life and death for yourself and the people you love, starting with a valuable and educational Life & Legacy Planning Session. This will allow you to get more financially organized and make the best choices for the people you love. If you have already completed your estate plan, we will review that plan at your Life & Legacy Planning Session to ensure that it will work the way you intend and address any holes or gaps that may be present if circumstances have changed since you executed your plan.
To learn more about our one-of-a-kind systems and services, contact us or schedule a no-obligation 15-minute introductory phone call today.