We plan for our children, our finances, and our healthcare—but how many of us truly plan for our pets? If you’re like most pet owners, you’d do anything for your furry (or feathered or scaly) companion. Yet, when it comes to formal estate planning, pets are often left out entirely.

It’s an easy oversight—until something unexpected happens. What if you were suddenly unable to care for your pet due to illness or injury? Would someone know what to do? Would your pet be safe, loved, and cared for in the way you’d want?

Let’s talk about a topic that’s both practical and heartfelt: planning for your pets in case of your incapacity or death. This isn’t just legal advice—it’s an act of love.

Americans Love Their Pets Like Family—Because They Are

If you’re reading this, chances are you already consider your pet part of your family. And you’re not alone.

According to a 2023 Gallup poll, 62% of Americans own a pet. Of those, a remarkable 97% say their pets are part of the family. Over half even say their pet is as much a part of the family as any human member.

Our devotion to pets shows in our spending too. The average household spends between $600 and $800 a year on pet-related expenses—from high-quality food and vet visits to toys, clothes, and even birthday parties. Pet insurance, grooming services, and pet-friendly travel options are now common.

Clearly, we love our pets dearly. But while we show this love in day-to-day care, many of us haven’t taken the time to legally protect our animals should something happen to us.

Why Pet Planning Is So Important

It’s easy to assume someone will just “step in” if we’re not around. A friend, a sibling, a neighbor—surely someone would help, right?

Unfortunately, that’s not always the case.

Without a formal plan, even the most well-meaning people may be unsure of your wishes—or unwilling or unable to help. Your beloved pet could end up in a shelter or worse. Each year, about 6.3 million animals enter shelters in the U.S. Sadly, nearly a million are euthanized.

And it’s not just death that should prompt concern. Incapacity—due to illness, surgery, accident, or aging—is just as big a threat to your pet’s well-being. If you suddenly become unable to care for them, who would take over? How would they know what your pet needs?

COVID-19 was a wake-up call for many pet owners. Thousands fell ill and were hospitalized, with no contingency plan for their pets. In too many cases, those pets were surrendered, neglected, or bounced between temporary homes.

You plan ahead for your own healthcare and financial decisions—your pets deserve the same care and consideration.

Estate Planning Isn’t Just for People—It’s for Pets, Too

Fortunately, the law is evolving. While pets are still considered “property” under U.S. law, there are now legal tools to ensure they’re cared for if you die or become incapacitated.

Let’s break down your options.

1. Include Your Pet in Your Will—But Be Cautious

Your last will and testament is the most common estate planning document. And yes, you can name a pet “guardian” in your will—the person you want to care for your pet after your death. You can also leave money or instructions to help them provide for your animal companion.

However, there are some limitations:

•  Wills don’t take effect until you die. So if you’re temporarily incapacitated (e.g., hospitalized or in long-term care), your will won’t help your pet.
•  Your chosen guardian isn’t legally required to accept the pet.They can refuse. If that happens, your pet could be left in legal limbo.
•  Backup plans are essential. You can (and should) name alternate guardians in your will, but if all of them are unavailable, your pet’s future becomes uncertain.
•  Animal shelters may not be equipped for long-term care.While you may feel tempted to name an animal rescue or shelter as a “last resort,” these organizations often lack the resources for individual, lifelong care.

A will can be part of the solution—but it shouldn’t be the whole plan.

2. Create a Pet Trust—A Gold Standard for Pet Planning

A pet trust is one of the most effective ways to ensure your pet is cared for the way you intend, no matter what happens to you.

Here’s how it works:

•  You create a legal trust document that names a caretaker (or multiple) and a trustee (the person who oversees how funds are spent).
•  You can fund the trust with money designated specifically for your pet’s needs.
•  The trust can take effect during your lifetime (if you become incapacitated) and continue after your death.
•  You can specify exactly how your pet should be cared for—including food preferences, routines, medical care, housing, exercise, even burial or cremation wishes.
•  Any leftover money in the trust after your pet passes can be donated to a charity or given to a named beneficiary.

All 50 U.S. states and the District of Columbia now recognize pet trusts. Some states even allow trusts for animals not yet born—like the future offspring of a breeding pet.

Pet trusts offer peace of mind, especially for pets with long life spans (like parrots or tortoises) or specialized needs (like medications or dietary restrictions).

And yes, while you probably don’t need to go as far as Leona Helmsley (who famously left $12 million for her dog), it’s okay to be generous. The amount you allocate depends on your pet’s species, health, and expected lifespan.

3. Use a Power of Attorney for Pet Incapacity Planning

A durable power of attorney is a legal document that gives someone the authority to act on your behalf. Most people use it for financial or healthcare matters—but it can also include pet care.

Here’s how you can use it:

•  Name someone you trust to make decisions about your pet’s care if you’re incapacitated.
•  Grant them authority to arrange vet visits, purchase food and supplies, and make temporary or permanent housing decisions.
•  You can make this authority as broad or as limited as you want. For example, you can allow the caretaker to do whatever is reasonable—or restrict them to only certain actions.
•  This document is helpful for short-term emergencies (e.g., hospital stays) when you just need someone to “fill in” while you recover.

Pairing a power of attorney with a pet trust ensures your bases are covered during both short-term incapacity and long-term scenarios.

4. Make Practical, Everyday Preparations

Even the most well-written legal documents need to be backed up with practical steps:

•  Choose multiple caretakers. Life is unpredictable. Your first choice might be unavailable, so always have backup options.
•  Write detailed instructions. Your pet’s routine, diet, medical needs, personality quirks—write it all down. The more your caretaker knows, the smoother the transition.
•  Provide access. Make sure your chosen caretaker has a key to your home or knows how to access it in an emergency.
•  Communicate with family and friends. Let trusted people know who to contact if something happens to you.
•  Keep vet and medication info handy. Maintain an up-to-date record of vaccinations, medications, allergies, and your vet’s contact information.

You can even put together a “pet care packet” that stays in a visible location (like your refrigerator or office desk). Emergency responders often look for this kind of information when someone is incapacitated.

Pet Planning Is an Act of Love

At the end of the day, our pets rely on us for everything—from their food and health to their safety and happiness. They offer us love, companionship, and joy. It’s only right that we take steps to protect them in return.

Incorporating pets into your estate and incapacity plan is a thoughtful, loving decision. It ensures that no matter what happens to you, your furry friend will continue to be cared for, comforted, and loved.

Final Thoughts

If you’ve already created an estate plan, that’s a wonderful first step. Now, take a moment to review it: Have you included your pet?

If not, consider updating your documents to reflect your wishes. If you’ve recently adopted a new pet or experienced a life change (such as a divorce, move, or diagnosis), now’s the perfect time to revisit your plan.

Don’t wait for a crisis to happen. Planning ahead ensures your pet will never be left behind, no matter what the future holds.

Need help getting started? Reach out to our experienced estate planning attorney. We’ll guide you through every step, from naming caregivers to setting up a pet trust and everything in between. Because your pet deserves the same love and protection you give them every day.