Estate Planning For Pets in Arizona
If you are planning your estate in Arizona, you should know that you can include provisions for your beloved pets to ensure they are cared for after you are gone. Arizona law allows you to create a pet trust that specifies a preferred caregiver and sets aside funds for your pet’s needs.
With the right trust, you can rest easy knowing your pets will continue to live comfortably and receive proper care according to your wishes, no matter what. An Arizona estate planning attorney can help you create a legally sound pet trust that reflects your wishes for your pet’s future care. They can also guide you in setting aside funds for the trust and choosing a reliable caregiver.
What Is Pet Estate Planning?
Pet estate planning is making legal arrangements for caring for your pets if something happens to you. It involves choosing someone to care for your pets and providing financial resources for their needs. When you set up a pet trust or include specific instructions in your will, you can outline how your pets should be cared for.
For example, you might outline their daily food, exercise routines, and medical needs. This type of planning can prevent your pets from being sent to a shelter and maintain a consistent lifestyle. It’s a smart move for any pet owner who wants to secure a safe and happy future for their animal companions.
What Are Different Types of Estate Planning for Your Pets in Arizona?
You can use several estate planning instruments to ensure the future care of your pets if you die or become incapacitated while they are still alive. Each instrument serves a specific purpose and can be tailored to fit your wishes and your pets’ needs. The following are common types of estate planning instruments you can use for your pets:
- Pet trusts — A pet trust is a legal arrangement allowing you to set aside funds for caring for your pets. You can appoint a trustee to manage these funds and a caregiver responsible for your pets’ daily needs. You can also include detailed instructions in the trust on how you want the designated caregiver to look after your pets, including their diet, medical care, and grooming routines.
- Will provisions — You can include a provision to designate a caregiver who will inherit the responsibility of caring for your pets after you die. You can also allocate a specific amount of money to the caregiver for your pets’ care. This provision will ensure your pets have a home and the financial support they need if anything happens to you.
- Durable powers of attorney — A durable power of attorney is a legal document granting someone the authority to make decisions on your behalf if you become incapacitated. You can create a durable power of attorney that authorizes someone to care for and make decisions about your pets if you become incapacitated. For example, you can give the person the authority to access care funds, make veterinary appointments, and maintain your pets’ routines.
- Letters of instruction — A letter of instruction is not legally binding but can be an important part of your plan for your pet. You can use the letter in conjunction with other legal documents. It provides your pet’s designated caretaker with essential information about the pet’s schedules, food preferences, medical histories, and behaviors, and information about whether the pet requires specialized care. Thus, the document can maintain consistency in pets’ care during transitions.
Can a Pet Be Listed as a Beneficiary in My Estate Plan?
No, you cannot list a pet as a beneficiary in your estate plan in Arizona. State law treats pets as property, not entities capable of owning property. However, you can still arrange for the care of your pet in case of your death or incapacity by setting up a pet trust or including specific care instructions in your will for the pet guardian to follow until the pet dies.
How Can an Arizona Estate Planning Attorney Help Me with Pet Estate Planning?
An Arizona estate planning lawyer understands the laws and regulations that impact pet estate planning in Arizona. You can work with a lawyer to create a comprehensive plan that addresses all aspects of your pet’s future well-being. Here are some ways an estate planning lawyer can assist you:
- Drafting pet trusts — A lawyer can help you establish a pet trust to allocate funds for caring for your pets. They will guide you in appointing a trustee to manage these funds and use the money for your pets’ care as intended.
- Amending your will — An attorney can assist you in adding provisions to your will that outline your future care preferences for your pets. It involves selecting a caregiver to take responsibility for your pets after you die and setting aside money for the caregiver to help them manage pet care costs.
- Establishing durable powers of attorney — A lawyer can draft a durable power of attorney that authorizes someone to make care decisions for your pets if you become incapacitated. This authority allows the agent to address your pets’ needs promptly and effectively in your absence.
- Drafting letters of instruction — A lawyer can help you prepare letters of instruction to accompany your will or trust. These letters can describe everything from your pet’s daily routine and diet preferences to instructions for veterinary care and how to handle end-of-life decisions.
- Reviewing and updating existing documents — An attorney can review your existing estate planning documents to ensure they correctly reflect your current wishes for your pets’ care. They can also update your estate plan to include new pets or change caregivers.
Contact an Arizona Estate Planning Lawyer
Do you want to make sure your pets are well cared for, no matter what? Contact us today at Mushkatel, Gobbato, & Kile, P.L.L.C., for an initial consultation. Our team is here to help you establish the right plan for your pets’ future or update your existing plan as necessary.
About the Author
Zachary Mushkatel is a founding attorney of Mushkatel, Gobbato, & Kile, P.L.L.C., who has practiced law in Arizona since 2004. He also practices before the U.S. District Court for the District of Arizona and the U.S. Court of Appeals for the Ninth Circuit. A graduate of the University of Arizona and the University of Minnesota Law School, he started his career as a public defender and entered private practice in criminal defense. In 2008, Zachary co-founded a firm dedicated to civil law in addition to criminal defense, and he has since expanded his practice to personal injury, estate planning and litigation, guardianships, conservatorships, probate, corporate litigation, real estate, and various civil matters. He serves on the board and faculty of the Arizona College of Trial Advocacy, and he is a past president and current member of the West Maricopa County Bar Association.
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