My wife, Barb, and I have two great cocker spaniels, Katie and Cassie, and Katie has some challenges which require extra care. They're part of our family and we love them. If you're reading this then, you, too, have a pet that you really care about. A while ago, Barb and I updated our wills, trusts and powers of attorney and started thinking about Katie and Cassie, and what would happen to them if we could not look after them. We wanted to make sure that they'd be OK. We have friends we hope would step up and care for our pups, but you never know. What would happen if they didn't volunteer to watch over Katie and Cassie? Luckily, the State of Florida enacted a law, called Trust for Care of Animal, found at Florida Statute 736.0408. The law applies to all types of pets and even other animals, and gives you the right to create a trust for your pet or pets while you're alive or after you've passed on. This trust, which can last for as long as " your special friend" lives, provides for the care of your pet if for any reason you're not able, and when your pet passes on, any funds left in the trust go to anyone or any organization that you choose. You can be the first trustee of your pet trust, and you could also name someone in your pet trust that will take care of your pet after you pass on, who is called a successor trustee. The successor trustee doesn't have to be an individual person. Presuming they agree ahead of time, it could be a trusted kennel, or veterinarian, or some other institution. Plus, if you create your pet trust while you're alive, the money or other assets you've set aside in the trust won't be subject to probate.
If you have the slightest concern that the person or organization you've named to care for your pet after you're gone might not be 100% up to the job, the law also lets you nominate a "trust protector." That's someone who can look over the shoulder of the person or organization you've selected as successor trustee, to make sure everything is OK. The law also requires that any assets in your pet trust, even after you're gone, must always be used only to support your pet or animal for their lives, and not for the personal support of your successor trustee.
If you can't create a pet trust, then you might want to prepare a pet durable power of attorney in case you're not well enough to properly look after your pet while you're living. Or you could add a pet provision to your existing power of attorney.
If you have a pet who is your companion, please don't leave their fate to chance. You can add a pet trust provision to your existing living trust or will at any time, and if necessary you may wish to consider creating a separate trust or pet durable power of attorney now.
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Attorney Jay Fleisher provides legal services to pet owners in the greater West Palm Beach area, and throughout the state of Florida.