January 2020 - Garton & Harris

Pet owners take many steps to make sure their pets are cared for, especially if the owner has to leave town or can otherwise not care for them. While these short breaks are often planned for, many British Columbia pet owners do not think to put safeguards in place for their pets should they become incapacitated. Power of attorney documents, living trusts, and other preparation can prevent confusion about who should care for a pet in the case the owner is no longer capable of doing so.

Pets are legally considered property. When someone becomes incapacitated, their power of attorney documents designate who will become responsible for their property, including pets. Without this documentation, a legal process may be needed to determine who will take on guardianship of one’s estate, including who will be responsible for pets. Either way, the person with guardianship will have the latitude to make decisions, which may mean they could give the pet away if they feel it is a drain on the estate.

Some owners have more specific intentions about what should happen to their furry friends if they are no longer able to care for them. In these cases, revocable living trusts can be used to set limitations on what a guardian can and cannot do. Wishes can be specific, and the designated trustee will be legally obliged to follow one’s wishes.

A combination of estate planning documents and trusts where more specific wishes are needed can help someone prepare for the future. If one is expecting their pet’s new guardian to care for them in a certain way, it is important to set aside funds to make this care possible. Other options, such as Animal Life-Care Centres, could also be considered. Anyone with questions about power of attorney rights and responsibilities should work with a British Columbia lawyer to clarify the legal options available.

When families get together, estate plans are probably the last thing most people want to discuss. It can be an emotional topic for many, and can feel quite morbid to raise during the usual holiday get-togethers. However, it is important that British Columbia individuals start these conversations with their families, so those who are named as power of attorney or executor have clarity on what is to come.

For some people, it is easier to approach these issues organically, when they naturally come up in conversation. This typically involves breaking the conversation into smaller topics and raising them when the time feels right. This works well for families who speak fairly often and candidly.

Topics that will need to be addressed varied. Medical conversations are very important, as they help a power of attorney to know how to respond in different situations according to one’s wishes. Financial plans, roles and responsibilities, and insurance are also worth discussing.

While not every person needs to be part of every discussion, it does help for messages to be consistent and clear to all children and loved ones. This will help to prevent conflict down the line, and ensure those named power of attorney are supported in even the most difficult decisions they must make. Clarifying plans and showing the legal paperwork to all involved can help clear up any ambiguity. A British Columbia estate planning lawyer can help with the creation of these documents, as well as advising on the type of planning needed to prepare for the future.

Can power of attorney documents safeguard beloved pets?

How to discuss power of attorney and estate plans with family

Schedule An Appointment With Us