ESTATE PLANNING TO PROTECT YOUR PETS

ESTATE PLANNING TO PROTECT YOUR PETS
by Roger McCaffrey-Boss
Copyright by Gay Chicago Magazine and Roger McCaffrey-Boss
October 27, 2009
http://www.gaychicagomagazine.com/advice/legallyspeaking.shtml


Q: I am getting up in years and I don’t have a partner to leave my property to. My family and relatives are doing fine financially. I have two dogs that I want to make sure are taken care of if something happens to me. What can I do to protect my pets?

A: Unfortunately, pets cannot be beneficiaries of a will. The law still considers pets to be property. That is why making a plan for your pets is very important.

First, plan for your incapacity. Carry with you a wallet card with contact information for emergency caretakers. A pet card provides, at a minimum, information that there is a pet in your house that needs emergency care and who should be contacted in case you are injured while away from home.

I also recommend having an ICE (In Case of Emergency) entry in the address book of your cell phone. That listing can help the paramedics call your LGBT partner or friend that you chose, if needed, while you are riding to the hospital in the ambulance. Also, make sure your apartment building, has updated contact information for you. You may not want your niece that you have not seen in over 20 years gaining entry to your apartment because she is your close blood relative.

A more detailed pet care document should also be prepared and left in an obvious location in your house with copies given to any emergency caretakers. A pet care document might include instructions for the care of the animals, medical information, and veterinarian information.

I would also suggest that you have a Statutory Power of Attorney for Property prepared to permit your agent to expend money for the care of your pets. You can authorize your agent to arrange for the care of your animals and to pay all expenses associated with the care of your pets, including feeding, dog walking, veterinary costs, kennel charges and grooming.

Second, plan for your death. One option is to make an outright gift of your pet to another person along with a reasonable amount of money for the pet’s care, with the request that the person use the funds to care for the pet. Or make an outright gift to another person of the pet and a reasonable amount of money for the pet’s care, conditioned on the caretaker providing proper care for your pet.

You could direct in your will that your executor arrange for the adoption of your pet. Some organizations will take the pet and arrange for its adoption free of charge or in exchange for a contribution. When selecting a shelter to place the animal in, determine whether the shelter requires or recommends a gift of a certain amount and their placement rate.

In Illinois,the Illinois Trusts and Trustees Act provides that a trust for the care of one or more designated domestic or pet animals is valid. You can create a Domestic Animal Trust for the pets you designate (“all dogs I own at my death”). You can provide in the trust that no portion of the trust may be used by the trustee for a use other than the trust’s purposes or for the benefit of a covered pet.

Just be careful about how much money you leave in trust. The domestic animal trust statute permits the court to reduce the amount of property transferred if it determines that the amount is excessive.

Roger McCaffrey-Boss is a graduate of Hamline University School of Law, St. Paul, Minnesota, and is a member of the Chicago Bar Association. You can e-mail him at RVMLAWYER@aol.com . He suggests that you consult your own lawyer for any specific questions regarding the issues raised in this column.
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