For many families in the Lowcountry and throughout South Carolina, pets are more than “just” animals, they are members of the family with their own specific needs and routines. But what happens if you get sick, harmed, or pass away? Who can step in your shoes to ensure their routine is not disrupted, their basic needs are met, and they don’t end up at the pound?
Without a plan, your beloved dog, cat, or other companion animal could end up in a shelter or in the care of someone who was never prepared to take on the responsibility. The good news is that South Carolina law allows you to include specific legal protections for your pets in your estate plan.
Why Pet Planning Should Be Part of Your Estate Plan
Here’s the problem: Many pet owners assume that a family member will automatically step in to care for their animal. Unfortunately, that doesn’t always happen. Without clear instructions and proper agency designations, problems can arise, including:
- The person who receives your pet may not have the right environment for them or the financial resources to care for your pet
- Your pet could end up surrendered to a shelter
- There are no specific instructions for veterinary care, diet, walking, sleep schedule, or special needs
- Family and friends may disagree about who should take the pet
- Your pet may be used as leverage in bad faith by someone to exercise control over another in the estate administration process
A properly structured estate plan ensures that your pet will be rehomed to someone of your choosing; someone you trust and who has the resources and information needed to properly care for them.
Solution: Pet Trusts
South Carolina law specifically allows people to create trusts for the care of animals under South Carolina Probate Code § 62‑7‑408. This statute authorizes one such trust to continue until the death of the last surviving animal covered by the trust. It allows pet owners to:
- Set aside money specifically for their pet’s care
- Name a caregiver who will take responsibility for the pet
- Appoint someone to enforce the trust to make sure the funds are used properly
If funds remain after the pet’s death, the remaining assets are distributed according to the terms of the trust or the owner’s estate plan.
Basic Pet Trust Framework
If you have a pet, a comprehensive estate plan is not complete without consideration of who will care for your pet and how they will do it. The most protection you can provide for your pet in your plan is through a pet trust. Below is a list of some important considerations for the pet trust.
Choosing Your Pet’s Caregiver
First, you will designate who will step in your shoes to care for your pet if you become incapacitated or if you die. This person will be responsible for caring for your pet pursuant to your instructions. Ideally, you will choose a backup caregiver (the successor caregiver) in the event your first choice is unavailable or unable to serve.
The caregiver may also be the trustee of the pet trust. The trustee is the person you appoint to manage the funds allotted to care for your pet. You will provide instructions in your pet trust explaining how they are to spend these funds.
Setting Aside Funds for Your Pet’s Care
Should your pet outlive you, your pet trust will be designed to provide the funds necessary to ensure they are properly looked after for the duration of their life. You’ll want to consider the costs associated with:
- Diet support
- Veterinary treatment
- Medication
- Grooming and boarding
- Enrichment activities
- Emergency medical expenses
- End-of-life care
These funds ensure the caregiver is not financially burdened with the task of caring for your pet. They can also be rewarded for this care through a bonus for every year the pet continues to survive.
Detailed Care Instructions
Your estate planning documents can also include written instructions describing your pet’s needs and routine. Think about the instructions and information you would leave for a caregiver if you were to leave for an extended period of time. Feeding schedules and diet, exercise and sleep routines, veterinary providers, medications, allergies, personality around certain types of animals or people, and behavioral needs or training requirements. Providing these details can make the transition much easier for both the caregiver and the animal.
Your Pet and Your Power of Attorney
Estate planning is not only about what happens after death. If you become incapacitated due to illness or injury, someone needs legal authority to:
- access funds for your pet’s care
- arrange veterinary treatment
- ensure your pet has a safe place to live
If you do not choose to execute a pet trust, your durable power of attorney can include a provision addressing your agent’s authority to take possession of your pet and manage its care while you are incapacitated.
Estate Planning for Pet Owners in Charleston, South Carolina
If you live in South Carolina and have a pet, including them in your estate plan is one of the most responsible things you can do as a pet owner. A well-drafted estate plan can ensure that:
- your pet goes to someone you trust
- funds are available for lifelong care
- your instructions are legally enforceable under South Carolina law
Schedule a Consultation to Protect Your Pet
If you would like to include your pets in your estate plan, an experienced estate planning attorney can help you create the right legal structure, including wills, trusts, and powers of attorney that comply with South Carolina law.
Taking this step today can provide peace of mind knowing that your pets will be cared for no matter what the future holds.
If you are in need of assistance, the attorneys at Collins Family & Elder Law Group can help.
