Pet Estate Planning

Our pets are cherished members of our family and deserve to be protected and provided for in the event of incapacitation or passing away of their caretakers. Although we have many relationships our pets rely solely upon their primary caretakers. Accordingly, it is important to plan appropriately for our pets especially for pets that have long life expectancies, expensive costs of care and pets with special needs.

Attorney Sheri L. Montecalvo often plans for pets with the implementation of

care provisions in a Last Will and Testament, Durable Power of Attorney for Pet

Care, Pet Trusts and Care Instructions for fiduciaries regarding your pets.

• A Pet Trust can be incorporated into your existing trust/estate plan or can be created as a separate standalone trust. The key elements of the Pet Trust are: affords you the opportunity to name the caretaker of your pets, the nominated caretaker (fiduciary) is obligated to care for your pets as outlined in the Pet Trust, you will fund the Pet Trust from your assets, the trustee of the Pet Trust is obligated to ensure that the funds are used as outlined in the Pet Trust and allows you to nominate successor caretakers/trustees in the event that named fiduciaries should be unable or unwilling to serve.



• A Durable Power of Attorney for Pet Care provides your nominated agent the authority to act on behalf of your pets in the event that you become incapacitated. The Power of Attorney can be drafted to authorize your agent to seek medical care for your pet and can specify what other actions your agent is authorized to conduct under the Power of Attorney. For example, the authority to interact with trainers, boarding facilities, veterinarians, etc.

• Pet Care Instructions are specific instructions to your caretakers and fiduciaries about the everyday care required for each pet. These instructions could include, feedings instructions and requirements, daily routines, exercise schedule, medical information, veterinarian contact information, emergency contacts, your pet’s personality (Iikes/dislikes). This document is versatile and should be updated regularly.

As opposed to leaving your pet’s care and livelihood to chance, a solid estate plan for your pets ensures that your pets will be properly provided and cared for along with placed in the custody of fiduciaries that you nominate. Attorney Sheri L. Montecalvo, a lifelong animal lover shares her home with her Golden doodIes Tanner & Tulsa.