Article by Gwen Jones, Department of Family Services
(Posted 2024 February)
For many of us, our pets are family, providing companionship, affection, and a sense of purpose. As much as we dote on our animal companions, many of us have not given serious thought to what will happen to them if we became incapacitated or die suddenly, and fewer have made arrangements to ensure that they will be cared for after we’re gone.
According to the Fairfax County Animal Shelter, 746 pets were surrendered during the last six months of 2023. Of these, 29 surrenders were due to the death of an owner. While this number is relatively small compared to the total, these surrenders may have been avoided with proper planning.
What is a Pet Trust?
A pet trust is a legal agreement that provides for the care of one or more pets when their owner dies or is no longer able to care for them. The trust names a caretaker and sets aside money to care for the pet. A named trustee is responsible for holding the money “in trust” and making regular payments to the caregiver to care for the pet. A pet trust can be created as a standalone document if you don’t have a will or as part of your personal will or trust.
The benefits to setting up a pet trust include:
- Trusts can take effect at the death of the owner or if they become incapacitated and can no longer care for their pet.
- Trusts are legally enforceable arrangements, so you can be confident that your directions regarding the care of your pet will be carried out.
- Trusts formalize the details of the arrangement, including how much money will be provided and your pet’s special care needs, including preferred food brand and existing medical issues.
Creating a Pet Trust
Before meeting with your attorney to discuss creating a pet trust, here are a few things you can do to prepare:
- Choose a Trustee – The trustee you select should be someone who you believe will act in the best interest of your pet. This person can be a friend, family member, a professional, such as an attorney, or a trust company. Make sure the person you select is willing to serve as the trustee. Selecting a backup trustee is recommended.
- Choose a Caregiver – Who do you trust to care for your pet after you’re gone? Once you select a caregiver, ask them if they are able and willing to care for your pet. Selecting a backup caregiver is also recommended in case circumstances change for the primary caregiver.
- Calculate the Cost – Determine an annual budget by adding up your pet’s basic monthly costs, such as food, treats, medication, and care (e.g. grooming or dog walking). To this total, add non-monthly expenses, like vet checkups, shots, licensing fees and any boarding costs.
- Determine the Size of the Trust – Use the annual budget and life expectancy of your pet to determine how much money you should put into the trust.
The trust may also include instructions regarding your wishes regarding cremation or burial of your pet when they die. In Virginia, the trust terminates at the death of the pet, so you should specify how any remaining funds are distributed.
The Friends of the Fairfax Animal Shelter has created a free guide with information about creating a pet trust. The guide includes a list of questions to consider, either alone or with your financial advisor. The guide can be found at ffcas.org/ways-to-donate/forever-friends-planned-giving.
Other Options
If creating a pet trust isn’t possible, there are other actions you can take to plan for the care of your pet when you die. Talk to trusted friends and family to line up a caregiver and backup caregiver. You may choose to consult with your attorney about formalizing this agreement by leaving your pet to the caregiver in your will. You may also choose to leave money to the caregiver to cover some of the cost of caring for your pet. If you are unable to find a caregiver, a trusted pet sanctuary organization may agree to rehome your pet after your death.
This article is part of the Golden Gazette monthly newsletter which covers a variety of topics and community news concerning older adults and caregivers in Fairfax County. Are you new to the Golden Gazette? Don’t miss out on future newsletters! Subscribe to get the electronic or free printed version mailed to you. Have a suggestion for a topic? Share it in an email or call 703-324-GOLD (4653).