What Happens to My Pet if I Become Incapacitated in North Palm Beach?
If you’re serious about your responsibilities as a pet parent, you might worry about incapacitation. What if you get into some kind of car accident? What if dementia suddenly takes its toll? If you live alone, your pet might face various hardships while you’re incapacitated. Can an estate planning lawyer in North Palm Beach help you come up with a solution?
Can’t I Just Make a Private Agreement With a Family Member?
You may wonder whether you can simply tell a trusted family member that you want them to care for the animal if anything ever happens to you. If this family member already lives in the same household as you, this could be a perfectly valid solution. However, the informal nature of this private agreement could cause various issues.
First, your family and friends might disagree on who should keep the animal after you are gone. Your chosen caretaker might claim that you gave them permission to care for the animal, but others may doubt the validity of your agreement. If someone attempts to take your animal out of your home, they may even face allegations of theft if they do not have the legal authority to take ownership of the animal while you are incapacitated.
Consider a Pet Trust
A pet trust is one of the most effective solutions to this potential problem. Many pet parents do not realize that under Florida law, pets are “property.” In other words, they have the same legal rights as inanimate objects, such as washing machines and desks. In order to ensure proper care for your pet, you may need to treat the animal more like an “asset” rather than a living thing.
The good news is that trusts are extremely flexible, and you can personalize a pet trust to meet the unique needs of your animal. With a pet trust, you’ll set aside funds for the animal, appoint a trustee who will oversee the entire process, and select a “caretaker.” This caretaker will be responsible for taking care of the animal while you’re incapacitated, and they can use the trust funds to do so. You can structure your trust so that it goes into effect when you become incapacitated.
What About a Durable Power of Attorney?
A durable power of attorney is another valid option for selecting a pet “guardian.” This type of estate planning tool allows your “agent” to manage your assets after you become incapacitated. You can use this tool to designate a caretaker who will have the legal authority to take temporary ownership of your pet while you recover.
Can an Estate Planning Lawyer in North Palm Beach Help Me?
If you worry about what might happen during incapacitation, an estate planning lawyer in North Palm Beach may be able to help you come up with solutions. Potential options include pet trusts and durable powers of attorney. Continue this conversation with Kitroser Lewis & Mighdoll today.
Source:
floridabar.org/the-florida-bar-journal/can-you-trust-your-pet-a-primer-on-florida-pet-trusts/
