Back in 2012, we published a column on pets and providing for them, especially when you’re no longer around or able to care for them. With the ongoing COVID-19 pandemic and isolation that has affected so many, especially those individuals who are older and living alone, we thought it might be of value to revisit this topic.
Most people like animals (except perhaps for yappy little dogs and ornery cats and certain reptiles, such as boa constrictors with a life span of 23 years). Many people already had pets before COVID-19, but a recent University of Michigan National Poll on Healthy Aging found as many as 10% of those individuals between ages 50 to 80 acquired a new pet between March 2020 and January 2021. In addition, almost 9% of those in that age group did not live with someone under age 18.
So, the pet frenzy has not only been for the kids.
One recent study said 67% of American homes include a pet and 95% of American pet owners consider their pets to be family members, with freshwater aquarium fish being the most popular pet.
The increased demand has caused prices to climb; just check the classified ad sections, especially for dogs.
Now, let’s assume you become ill or disabled and you can’t appropriately care for your pet. You may find out neither your friends nor kids want your pets.
A good starting point could be a general power of attorney or one limited to the care of your pet. As with any power of attorney, be sure you have the permission of the person or persons you’ve named to take over pet care. Tell them how and what you want them to do to take care of the pet. Should they be able to find some other home or pet shelter to dispose of the pet? How are they to pay for the pet’s care? Write out your instructions so they have a guide.
It's sort of like naming a guardian for a young child.
Power of attorney can help deal with a disability while owning a pet. But, what if you die?
It’s important to make sure your pets are cared for. One way to plan for their continued care is to create a pet trust either via your will or as a freestanding document. In 2006, Pennsylvania became the 32nd state to create a pet trust law. All 50 states now have such a law.
The Pennsylvania law provides a trust may be created to provide for the care of an animal that is alive during your lifetime. The trust would end when your pet dies, or if you create a trust for more than one pet, then the trust lasts until the last animal dies.
One of the important decisions in creating a pet trust is deciding who should be the trustee. You could designate more than one trustee and alternate trustees in the event the original trustee becomes unable to fulfill the duties. The trustee is responsible for following your directions in taking care of your pets.
In addition to the trustee, you should consider naming someone who monitors the care of your pets or require annual veterinary checkups. The Pennsylvania statute states the trust may be enforced by a person appointed in the trust or by the court. A person having an interest in the welfare of the animal may request the court to remove a trustee if the trustee is not caring for your pet.
Another important decision is how to fund your pet trust. Pennsylvania requires the amount be reasonable for the trust’s intended use. You should consider the age, life expectancy and health of your pets, costs and veterinary expenses and possibly a guardian fee to be paid to the trustee.
An excellent resource — called “A Resource Guide for Aging in Place with Pets in Allegheny County” — is downloadable from the University of Pittsburgh’s School of Social Work at www.socialwork.pitt.edu/sites/default/files/aging_with_a_pet_guide_finfal_8.13.20.pdf
Julian Gray and Frank Petrich are certified elder law attorneys who practice in the Pittsburgh area at Gray Elder Law. Send questions to elderlawguys@grayelderlaw.com or visit grayelderlaw.com.
First Published: May 20, 2021, 7:54 p.m.