Pets are valued family members and are a large contributor to an elderly person’s health, providing companionship that leads to lower stress and anxiety levels. Pet owners deserve the right to ensure that their pets are cared for when they pass away. A pet trust covers the upkeep and care of one or more of your pets or companion animals in the event of the owner’s death or the owner’s inability to properly care for them. With this trust, pet owners assign the important responsibility of taking care of their pet to a pet guardian while also appointing a trustee to carry out the execution of their will and the specific instructions therein.

Pet trusts are designed to give pet owners peace of mind, especially if there is worry that pets may be neglected in the event of the owner’s death.

In 2010, The Georgia Legislature enacted a law that allows for the creation of pet trusts with O.C.G.A 53-12-28. This trust forms a legal relationship among the pet owner, a trustee, and your pets. With a pet trust, you can leave money behind for your pet’s care and include specific instructions such as what your wishes are regarding the pet’s quality of life, who will be responsible for your pet, and more.

While pet trusts can be looped into your living trust, you can set up a separate trust just for your pets.

To create a pet trust, you have to submit a written document that contains the animals covered in the trust, the names of the trustee and caregivers, and care instructions. We highly suggest that you consult a lawyer to ensure that your pet trust is extensive and legally binding. If your pet trust is all-inclusive, it will only curtail your fears more, giving you the peace of mind in knowing that your pet will be in good hands.

Our elder law practitioners at Rhodes Law Firm are dedicated to helping you create a comprehensive pet trust document and properly advise you throughout your estate planning process.