Pet Planning with Powers of Attorney
By Laura J. Martin, Esq.
A power of attorney is a grant of legal authority to another. A power of attorney gives another person the power or authority to act on your behalf as your “agent” or “attorney-in-fact.” You may grant another person the authority to make decisions for you and act on your behalf for almost any matter or purpose. A “general” power of attorney grants your chosen agent broad authority to act on your behalf for a variety of matters. A “limited” power of attorney is a narrower grant of authority that covers only one or a few related matters.
There are two types of powers of attorney commonly used for Pet Planning:
A Durable General Power of Attorney; or
A limited Pet Power of Attorney.
A Durable General Power of Attorney grants your agent broad authority to assist you with a variety of personal business, legal, and financial matters. Pet-specific terms can easily be added to an animal owner’s Durable General Power of Attorney.
A Pet Power of Attorney is limited power of attorney just for pets and animals separate from your Durable General Power of Attorney. You may need a separate Pet Power of Attorney if your general agent is not a “pet person”, your family may disagree with or contest your pet plans, different agents will be responsible for different animals, or you want to ensure that your pets and plans for their care will be prioritized and enforced.
A power of attorney may be used to provide for and protect your pet during your lifetime. It is especially helpful to preserve your own ongoing relationship with your pet if your abilities decline and you need assistance to properly care for your animals. Powers of attorney are used to plan ahead for the possibility that you may become mentally or physically incapacitated due to age, illness, dementia, or an accident. They may also be used to prepare for planned events such as travel or surgery.
During your lifetime, a Durable General Power of Attorney or Pet Power of Attorney may be used to all of the following and more:
Select a “pet friendly” agent (and alternates) to make decisions and care for your pet
Grant “pet powers” or pet-specific authorities to your agent
Place pet-related limitations on your agent’s authority or prohibit certain acts
Designate temporary pet caregivers if you are ill, injured, or absent
Provide for any assistance you may need in the future to continue living with or caring for your pets, including pet caregivers, mobile groomers or veterinarians, dog walkers, stall cleaners, pet sitters, transportation assistance, housecleaning, yard maintenance, etc.
Establish standards and provide instructions for your pet’s future lifestyle and care
Authorize or direct pet-related expenditures and access to your money or credit
Create pet-related duties that require your agent to follow your wishes
Provide terms for rehoming your pets if you become permanently unable to live with and care for them
A power of attorney MUST be created before you need it, meaning before you become unable to act on your own behalf. A power of attorney terminates at your death, so it is only effective for lifetime planning. In our next article, we will talk about using a will to plan and provide for your pets and animals following your death.
This is the third article in the OAA Animal Insider newsletter continuing series about Pet Planning. Additional information about Pet Planning and the planning options available to you is included in the Introduction to “Pet Planning” for Animal Owners guide.
Disclaimer: This information is provided for educational purposes only and is not legal advice. For Pet Planning assistance, please consult with an experienced estate planning attorney.
