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Estate Pet Planning: Pet Trusts, Pet Wills, and Incapacity Protection

September 10, 2024

Many pet owners in Nevada and across the U.S. overlook including their beloved pets in their estate plans. While some may have plans for their pets after death, few consider what happens if they become incapacitated. Planning for your pets through tools like pet trusts and pet wills can ensure your animal companions are well cared for, even during times of personal incapacity or after your passing.

The Importance of Including Pets in Estate Plans

Incorporating pets into your estate plan isn’t just a loving gesture—it’s essential for ensuring they receive the care they deserve, no matter what happens to you. Whether through temporary arrangements for a caregiver or long-term planning with a trust, protecting your pets legally guarantees they are treated as important members of your family.

Pet Trusts at Anderson Dorn and Rader

Pet Trusts: A Better Option Than a Will

Though some pet owners include pets in their wills, a pet trust offers more flexibility and control. A pet trust is a legal document that ensures funds are set aside for your pet’s care, with a trustee overseeing the process. The trust applies not only after your death but also during periods of incapacity. This feature helps protect pets if you become unable to care for them due to illness or disability.

All 50 states, including Nevada, allow pet trusts. In a trust, you can designate caretakers and specify detailed instructions for your pet's care, covering essentials like food, shelter, and veterinary attention. You can also include provisions for multiple pets or different species, ensuring they receive the appropriate resources.

Pet Wills: A Secondary Option

While a pet will allows you to leave your pet to someone as part of your estate, it has several limitations. Wills only take effect after death, so they don’t cover incapacity situations. Furthermore, the person named to care for your pet in a will has the right to refuse, which could leave your pet’s future uncertain.

Naming alternate pet guardians in your will can help, but it’s also vital to recognize that many organizations, like shelters, may not be equipped for long-term care. This makes a pet trust a more reliable tool for securing your pet’s future.

Why Incapacity Planning Matters

Planning for incapacity is crucial because pets often end up in shelters if their owners become ill or incapacitated. According to reports, millions of pets enter shelters every year, with some facing euthanasia due to a lack of provisions for their care. A properly structured pet trust or pet will ensures that your animal is never left in limbo during such emergencies.

Other Legal Tools for Pet Care

In addition to pet trusts and wills, a pet care power of attorney can help address care during incapacity. This legal document gives someone the authority to make decisions on your behalf regarding your pet. You can specify what types of care your pet should receive and who will oversee that care, ensuring your pet’s needs are met no matter your situation.

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