What Happens to Your Pet If You’re Not Around?

Article by Marian Philips, a New York attorney specializing in wills, trusts, and estates.

About the role

Ensuring the well-being of your pet in the event of an emergency, delay, or your incapacitation or death requires advance planning. This guide outlines practical steps to safeguard your pet’s care through legal and informal arrangements.

Responsibilities

• Designate an emergency caregiver and a backup caregiver in writing.
• Provide the caregiver with your keys or access to them, and ensure they have permission to enter your home (e.g., written authorization for apartment buildings).
• Leave written instructions for your pet’s care, including special needs, in a prominent place in your home.
• Carry a wallet alert card listing the names and phone numbers of your emergency pet caregivers.
• Decide in advance whether the caregiver will visit your pet at home or take the animal to their own home.
• Create a will provision or establish a pet trust to ensure long-term care for your pet.

Requirements

• Designate a caregiver who lives nearby, is often home, and is familiar with your pet.
• For long-term care, consult a lawyer to draft a will provision or establish a pet trust.
• If using a trust, fund it partially or fully during your lifetime to ensure immediate access to funds for your pet’s care.
• Provide clear, written instructions for your pet’s care, including feeding, walking, medical needs, and preferences.

Qualifications

While no formal qualifications are required for informal arrangements, the following are recommended for legal planning:

• Consult an attorney specializing in wills, trusts, and estates to draft or review legal documents.
• Ensure your designated caregiver is trustworthy, reliable, and willing to assume responsibility for your pet.
• Coordinate with financial professionals (e.g., accountants) if establishing a funded pet trust.

Skills

• Ability to clearly communicate your pet’s needs and care instructions in writing.
• Organizational skills to maintain updated records, keys, and legal documents.
• Willingness to discuss and plan for contingencies with your designated caregiver.

Benefits

• Peace of mind knowing your pet will be cared for in emergencies or after your passing.
• Flexibility to customize care instructions and financial provisions for your pet’s specific needs.
• Ability to revise or revoke a pet trust if circumstances change.
• Legal protection for your pet’s long-term well-being through enforceable documents.