Preparing a will isn’t what most people consider a fun thing to do. And even for those who do, it still takes a lot of time and thought to get it right. You don’t know when your will is going to take effect or what the circumstances around it will be so you have to balance specificity and generality so it can be satisfactorily fulfilled.
If you have pets you need to think about them. Just leaving it to hope, or even a promise, that a family member or friend will look after Fluffy, isn’t enough. The belief that everyone loves Fluffy as much as you do may be only in your own head. And a promise might be meant sincerely when it’s given, but you want to get it in writing – literally. Circumstances change and, after you’re dead, there’s nothing you can do if promises aren’t kept. So think about it very carefully and talk to a lawyer about it.
I initially thought of setting aside an amount of money for each animal based on health, age, size etc. The animals would bring their legacies to their new carer. My lawyer said no to that idea right off the bat. “Next day, they say ‘too bad, cat got hit, thanks for the money’.” So we came up with a plan where the executor would hold the pets’ money in trust and dole it out accordingly. More cumbersome, but better assurance that the animals will be cared for and their new people properly recompensed.
But my kids love Skippy!
When volunteering at a St. Thomas cat shelter, I answered the phone once right at closing. A guy said “My dad’s gone in a home and I’ve got his dog. Either you people take it or I have it put down.” Yes, I asked enough questions to learn the father had dementia and neither knew nor approved of his son’s actions.
The shelter had no space, and had facilities only for cats, not dogs. But I was new there and hadn’t yet dealt with hundreds of such calls. I couldn’t let this dog’s blood be on my hands, even if the so-called caretaker could. So I told him to bring the dog by. He soon arrived with little Maggie. Seemed like a perfectly nice guy. He didn’t hang around long, which was fine by me.
I took Maggie home. She was a sweet elderly Miniature Poodle. She found a home with another couple and their teenage daughter. All three seemed as smitten with Maggie as she was with them.
Power of Attorney
Maggie’s person hadn’t died, and already the son was getting rid of her. This brings up another important point: your power of attorney, generally prepared with your will. If you are incapacitated mentally or physically, you need someone you trust to act for you. The person, legally, becomes you.
If you still have your mental faculties and realize that person is not acting in your best interests or doing what you wish, you have the right to give your power of attorney to someone else. If you are mentally incapacitated, however, you can’t. As well as control over your banking, home, personal care and medical decisions, that person also has control over your possessions and assets, including your pets. So choose carefully, based on a person’s integrity rather than sentiment.
Will Planning for Pets
There’s a book that can help with planning for your pets’ life after you are gone. Co-authored by Toronto lawyer Barry Seltzer, Fat Cats & Lucky Dogs can help you plan for your pets. (Tap the image for link to Amazon.) There’s also an article here about the topic.
The top photo is of my Dad, my dog Jack and cat Elsie. All are now loved in my memory. The other photo is Maggie. This post was originally published on my St. Thomas Dog Blog on Nov. 23, 2012.
