Estate Planning to Ensure Your Dog’s Future

At Good Dog, we know your dogs mean the world to you and we recognize the importance of ensuring that they’ll be cared for, no matter what. Unfortunately, oftentimes if someone passes or becomes incapacitated unexpectedly, dogs can be left uncared for in the immediate aftermath. Estate planning for your dogs can bring you peace of mind that your dog(s) will be cared for should something unexpected happen to you.

You have a few options when it comes to formal, legally enforceable arrangements for the care of your dog(s). You can:

• Add a provision into your will stipulating how you would like your dog(s) to be cared for after your passing. 
• Establish a trust with your dog(s) as a beneficiary (note: this is permitted in most states, but not all so you should check with an attorney licensed to practice in your state to confirm). 
• Create a Power of Attorney (POA) giving a designated caregiver the legal authority to act on your behalf to ensure that your dog(s) will be cared for if you become ill unexpectedly.

Who Should I Pick As My Dog's Caretaker?

Who you choose to care for your dog(s) in your absence is a personal decision, but it is important to choose someone you fully trust. This could be a close friend or relative, or a reputable charity or dog shelter. Whoever you choose, make sure they are aware and willing to accept the responsibility. It is important to discuss the process with them and keep them updated as you proceed with estate planning. It is also helpful to have an alternate choice for a caretaker in case your primary choice is no longer able to care for your dog(s). 

Things to consider when selecting a caretaker for your dog(s):

• Does your dog have any current health concerns (e.g., diabetes, special diet, etc.) that will require extra care and attention?
• Does your caretaker have other pets and would they all cohabitate well together?
• Will your caretaker also be the financial trustee?  This can be the same or a different person (see “What is a Financial Trustee” below).

Can I Leave Money Directly To My Dog(s)?

Although you cannot leave money or assets directly to your dog(s), some people provide their chosen caretaker with funds to help with any future expenses associated with caring for their dog(s). It is important to note that although you are leaving the money for the care of your dog(s), the caretaker is not legally obligated to use it for that purpose. That’s why picking a caregiver that you trust is such an important part of this process.

You also have the option of choosing a caretaker for your dog(s) and a different person or professional to serve as the financial trustee. 

What is a Financial Trustee?

A financial trustee is someone who manages assets on behalf of another person.  Your financial trustee can be a friend/relative, a professional trustee, such as a certified public accountant (CPA), attorney, trust company or charity qualified to act as trustee.  The financial trustee would distribute the exact amount of money that should be used for dog care to your caretaker on a regular basis. 

You also have the option of choosing the same person to be both the caretaker for your dog(s) as well as the financial trustee. 

Is A Trust Or Will Better To Ensure My Dog Is Taken Care Of?

Choosing between a trust or adding a provision to your will to ensure your dog(s) is taken care of depends on your individual circumstances. 

A trust will create a legal obligation that your caretaker cares for your dog(s) as specified. Typically, when the trust is created, you will name your dog(s) as a beneficiary, designate a caregiver for your dog(s), and designate a financial trustee.  The financial trustee will be responsible for making payments from your trust to the caregiver on a regular basis. One benefit of a dog trust is that you can be very specific in the instructions you leave for the care of your dog(s), and the financial trustee will have to follow your instructions. These instructions can include things like the exact amount of money that should be used for dog care and notes on exactly how the dog(s) should be cared for. On the other hand, creating a trust can be more structured, expensive and time consuming to create.

Adding a provision to your will provides less legal recourse, but if you trust the caretaker, it can be a less expensive and an effective option. You can add a provision in your will naming a guardian for your dog(s) who will become the owner upon your death and also specify any money that you are leaving to the guardian for the care of your dog(s). If you proceed with this option, you should ensure you are leaving your dog(s) with a guardian you trust, as they typically will not be legally required to follow any specific care instructions or use any money left for the care of your dog(s) in any specific way. It is important to keep in mind that provisions in a will only take effect when the estate is administered, which can take time, meaning the care for your dog(s) may not take effect immediately after your passing.

In either scenario, it is recommended that you consult with an attorney licensed to practice in your state. You can reference Good Dog’s list of recommended breeder-friendly lawyers.

When Would I Need a Power of Attorney (POA) for my Dog?

A POA gives a designated caregiver the legal authority to act on your behalf and make sure the dog’s needs are met, including any potential veterinary care. It is important to note that a POA only gives a guardian the power to make decisions for your dog(s) during your lifetime and not following your death, so you will need to be sure you have a more permanent arrangement in place for your dog’s future care, such as described above regarding adding your dog(s) to your will or creating a trust.

Sample Language

The provision you could include in your will may sound something like this:

Caretaker and Trustee are the same person: 

• I leave my dog(s), named “(dog’s name)” and “$xxx” to my dog’s caretaker “(person’s name), with the expectation that the funds will be used for “(dog’s name)’s care.
• Example: I leave my Golden Retriever, “Cat”, and $4,000, to Christine, with the expectation that the $4,000 will be used for “Cat”’s care.

Dog is entrusted to caretaker and another person/company is assigned as financial trustee: 

• I leave my dog(s), named “(dog’s name)” to my dog’s caretaker “(person’s name), with the expectation that the funds from (financial trustee’s name/company) will be used for “(dog’s name)’s care.

The provision you include in your trust may sound something like this:

• If I am survived by any of my dogs, I would like funds set aside in the sum of $X,XXX and would like the funds held in a separate trust to be disposed of for the benefit of my dog(s) as follows… with the trust terminating upon the death of your last surviving dog.

Disclaimer: This resource is provided for general information purposes only, and shall not be construed as legal advice on any subject matter. Any advice we provide does not create an attorney-client relationship. We are not acting as your lawyer and are not barred to practice in your state. We would recommend connecting with a lawyer in your state if you are able. Legal advice is dependent upon the specific circumstances of each situation and the law may vary from state to state. Some information in this resource center may not be correct for your state or for your specific circumstances. This resource was prepared only in accordance with U.S. law and does not reflect the laws of any other country. Good Dog expressly disclaims all liability in respect of actions taken or not taken based on any or all of the contents in this resource center.