Millions of Americans consider their dogs, cats, exotic birds, and other pets more than just animals, and certainly much more than just personal property. Pets are often trusted friends and companions. Pets provide emotional support, comfort, security, happiness, joy, satisfaction, and purpose. The close connections between pet owners and their pets often causes owners to desire protection, care, and consideration of the needs of their animal companions in the event they are unable to provide that care.
The law generally views pets as personal property, despite the fact that many individuals with companion animals view them quite differently than other possessions. In fact, many people consider their pets as family members or children. A 2005 study found that seventy-three percent of dog owners and sixty-five percent of cat owners “consider their companion animals to be akin to a child or other close family member.”
Although many pet owners assume that a member of their family will take care of their pets after they die, the family members often do not want responsibility for the pet. The harsh reality is that a significant number of the four to six million animals euthanized in the United States every year are pets left without care when their owners die. Others end up in shelters and rescue charities. Some universities with veterinary schools have responded to this issue by “offering perpetual pet care programs that promise student care, including all necessary medical needs, for pets when the owner becomes disabled or dies.” However, to avail oneself of the program an owner must make some type of donation to an “appropriate school-associated foundation.”
Pet Trusts have, as a result, become quite popular. One author wrote, "[t]he pet trust has earned wide acceptance despite its unique non-human and noncharitable nature and has been adopted relatively quickly compared to other novel types of trusts."
A Pet Trust can be crafted as a stand-alone trust or as part of a another trust that you create. Pet Trusts require someone to fund them called a Grantor or Settlor. A Pet Trust will typically set aside enough money or property to care for a pet(s) during the lifetime of the pet. The Grantor selects a trustee to manage the money for the benefit of the pet, and a caretaker to manage the pet's care. The trustee should be someone trusted, who is financially responsible and cares about the pet. The caretaker should be someone who knows and loves the pet, who can provide a comfortable home and who is willing to accept the responsibility for the pet's welfare. While the same individual can act as both trustee and caretaker, it sometimes advisable to use separate individuals to ensure proper care for a pet.
A Pet Trust will often specify instructions regarding care of the pet. The most commonly included details are:
- identification of the pet;
- food and diet instructions;
- grooming instructions;
- Veterinary care instructions;
- compensation for the caregiver and trustee;
- how the caregiver must document expenses;
- how the trustee is to monitor the caregiver’s services;
- whether and how the trust will cover liabilities should the pet bite or injure someone or damage property;
- final burial or cremation instructions.
