Have you considered what would happen to your pet if you passed away or became incapacitated? Although most people outlive their beloved animal companions, pets still need consideration in estate planning. It is especially important for animals with longer life expectancies or higher costs of care, such as dogs, cats, horses, parrots, turtles, and animals with special needs.
Risks of Not Planning for Pets
Without clear provisions in your estate plan, the risks for your pet are significant. In the short term, your pet could be left alone without food and water in an emergency and could feel panicked, distressed, or abandoned. In the long term, your pet might be placed with someone you would not have chosen, taken to a shelter, or even euthanized.
Contrary to popular belief, informal arrangements with family or friends are generally not legally enforceable, and simply adding your pet to your will often isn’t enough. Your pet’s care cannot wait until your will is probated, and wills do not provide ongoing control or oversight of the caregiver, your pet, or the funds left for their benefit.
Planning for Your Pet’s Needs
The good news is you can take steps to protect your pets. By including the documents below in your estate plan, you can authorize someone to care for your pets in an emergency and designate who will ultimately care for them if you cannot. These documents also give you control over how pets are cared for and how any funds set aside for them will be managed.
Pet Trust
A pet trust is the most reliable way to ensure your pet is cared for if you die or become incapacitated. A pet trust may be a part of your existing trust or created as a separate document. It allows you to:
- Name a caretaker for your pet(s) and create a legal, fiduciary obligation for them to provide care according to your instructions.
- Set aside money for your pet’s expenses. The trustee will distribute these funds to the caretaker or directly to service providers such as veterinarians.
- Appoint a trustee to oversee the caretaker and ensure funds are used solely for your pet’s benefit in accordance with the trust’s terms.
A well-drafted pet trust allows you to name backup caretakers, ensuring your pet’s long-term stability and protection if your preferred caretaker becomes unable to serve.
Durable Power of Attorney for Pet Care
A durable power of attorney (DPA) for pet care authorizes someone else to seek medical care and make related decisions for your pet. It specifies the extent to which that agent may act on your behalf. This document can also be used by a pet caretaker while you are away on business or vacation.
Alternatively, provisions for your pet can be added to your own DPA, if it is “effective immediately” rather than “effective upon incapacity”, sometimes called a “springing” DPA.
Pet Care Instructions
Pet care instructions provide detailed guidance for your pet’s daily needs. The instructions will be a separate document that is incorporated into your pet trust by reference. This allows you to update your pet care instructions, as your pet’s needs and preferences change, without having to amend the trust. These instructions should include:
- Food preferences and dietary restrictions
- Medical history and current medications
- Behavioral traits, quirks, likes and dislikes, and fears
- Emergency contacts
- Anything else you want a caretaker to know
Like the DPA for pet care, this document can be left with someone caring for your pet while you are away. It can also guide adoption decisions and reduce your pet’s stress if they must be rehomed. For example, noting that a pet is fearful of young children can help prevent an unsuitable adoption. Keeping these instructions updated ensures your pet receives consistent, informed, and compassionate care.
Wallet Card
A wallet card is a simple but vital safeguard for pet owners. If you are found incapacitated or deceased away from home, the card alerts responders that you have pets and provides contact information for someone who can step in to care for them. Similar to adding “in case of emergency” contacts to your phone, it ensures your pets are not left alone for days without food, water, or attention.
Protect Your Pets with Estate Planning
When we take in a family member with fur, feathers, or otherwise, we become responsible for their care not only for our lifetimes, but for theirs as well. Creating these documents provides a comprehensive plan that ensures your companions are never left vulnerable, giving you peace of mind.
To learn more about securing your pet’s future, contact your Varnum estate planning attorney or a member of Varnum’s Estate Planning Practice Team.
This advisory was originally published on August 12, 2019, and updated on October 20, 2025.
