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by Thomas J. O’Meara, JD
Let’s start with the sad or bad news for all those who love their pets and consider them family members. The Texas courts still consider family pets to be property. The good news is, in Texas, you can provide for your cherished pets who may outlive you. If you have a pet whose comfort and care you want to make certain continues in the event something happens to you due to death or disability, the following questions are a starting point.
1. If you become unable to care for your pet, who will be your pet’s caregiver?
This is the obvious first question. Choosing a caregiver for your pet is an all important decision. The duties that may be a daily joy for you would not necessarily be a delight for your designated caregiver. Long before anything unexpected happens to you, have a serious discussion with those persons you believe would have both genuine interest in your pet and a true ability to provide for them.
2. Where would my pet be happiest?
Some pet owners give a lot of time and thought to designating a suitable care giver but don’t consider the circumstances of home life for the pet. Think carefully about the lifestyle of any proposed caregiver and the probability that they may change residence, have new adults or children or pets in their home that would not be a good fit for your pet.
3. Can you afford to pay the caregiver a reasonable amount to care for your pet, so the same level of quality care you have provided will continue?
Many of us have no idea how much we spend on our pets. Quality veterinary care, pet medicines, exotic food and toys, all add up to amounts that might surprise you. Determine the average life expectancy of your pet, if well cared for. Multiply that number of years by the estimated sum
you spend on your pet each year. That amount is what should be set aside to assure proper care for your pet, even if your proposed caregiver appears to be prosperous.
4. For the funds you set aside for your pet, choose a trustee that is not the same person as the proposed caregiver.
With a pet whose life expectancy is long, the formula described in Paragraph 2 above can represent a substantial amount of money. No matter how wonderful you think your proposed pet caregiver is, he or she may find unsupervised access to a large sum of money to be a sore temptation. Give serious thought to contacting a fiduciary such as a trust officer of a bank, a trust company, your family CPA or your probate and estate attorney, and ask what they would charge to provide trustee services to maintain and invest the funds, account for the funds and reimburse the caregiver for funds expended. By designating two independent parties, one a caregiver and another a trustee, you will better protect the valuable assets you set aside for a pet whose life expectancy is long. You also will find out in a hurry if the designated caregiver who understands your proposed plan has an interest in your pet...or your money.
Another possibility is the purchase of an annuity or similar insuring agreement with a specified pay out. With this device while there is not the same level of assurance that the caregiver will not redirect funds to his own purposes, at least the amount of money to which the caregiver has access at any given time is less.
5. Do you have a written agreement that is enforceable in the event of your disability or death?
Disability can be as much of a challenge as death. If you don’t have an enforceable written agreement that addresses both circumstances, you have not done what is required to make certain your pet will be cared for in the event of your inability. There are a variety of ways you can accomplish this while you are alive including both written contracts and trusts. Wills and other testamentary devises typically cannot operate until the time of death so remember that disability must be addressed separately.
While these may not seem like happy issues to tackle, you may be pleasantly surprised to discover how much better you feel after you have answered these questions and made an arrangement that meets your needs and your pet’s.
Layla has been great, although a bit obsessive. She remains as sweet and loving as ever but loves to sit on the couch upstairs in front of the window, guarding her castle. She lives and breathes to play ball. We have about 15 tennis balls around the house and in the back yard...under the couch, behind the couch, behind tv's, in her bed, under my bed. I think they breed. She will catch everything you throw at her. If you throw it straight up, she will catch it ever time. It's really quite impressive and people love to show her off at parties. I've wondered before if they have competitions for it. 
She hates thunderstorms and her and our other dog would cuddle together in our closet when they happen. It's the only time we'll let them in our bed. She would cuddle non stop if she could though. She's a german shepherd through and through with her loyalty. 
She also loves to sit on things. We had a recycling bin in the back yard that became her favorite toy. If she wasn't throwing it around the yard, she would carry it with her and sit on it like a chair. She'll sit on us, on the stairs, on other dogs heads. It's hilarious. We couldn't have asked for a more loving and devoted family dog. I can't wait to start helping out again in the new year at the rescue.
Poppy, our sweet senior looking for a home 
