Published on: 26th May 2020

How to make provisions for pets with a Will & Lasting Power of Attorney

According to the 2019 PDSA survey 50% of UK adults own a pet. Currently there are around 9.9 millions dogs and 10.9 million cats in the UK. Have you made plans for your pet if you lose capacity or for when you pass away? Your Will and/or Lasting Power of Attorney are important documents when it comes to making provisions for your pets.

If you lose capacity and you do not have a Lasting Power of Attorney then your family will have to arrange for the court to appoint a deputy to manage your affairs. That will include making suitable arrangements for your pet(s). The deputy must act in your “best interests” but they may not know what your wishes would be regarding you pet(s). We always recommend that clients include instructions or preferences in their Lasting Powers of Attorney. You may want your pet(s) to be looked after by a particular person. You can also leave instructions for funds to be made available for the upkeep of your pet(s). If you do not record your instructions and preferences then no one will know what is in your “best interests”. Have you considered what you would want to happen if you went into a care home? Would you want your pet(s) to join you. Record your wishes in your Lasting Powers of Attorney so that your attorneys know what you would want to happen. Your Casey & Associates Consultant can give you advice on this.

Have you considered what you wish to happen to your pet(s) when you pass away? There are a number of options. In law a pet is treated as a possession and so you can give your pet(s) to a specific person or persons. One option is to gift your pet(s) to a particular person and also gift that person some money for the welfare of your pet(s). You should only follow this option if you are sure that the recipient of your monetary gift is definitely going to care for your pet(s).

A number of charities run rehoming schemes. The charity will probably be hoping that you leave a gift in your Will to them.

A special type of trust can be created with funds being used for the benefit of your pet(s). But the trust can only run for 21 years after your death. The trust is created in your lifetime and funds are added during your lifetime or by a gift in your Will.

There are a number of options for you to make provisions for your pets with a Lasting Power of Attorney should you lose capacity or Will when you die. Your Casey & Associates Consultant can help you make the choices that are right for you.

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