what will happen

(Note: This article was written for general information only and is based on Alberta law. Everyone's circumstances are different and the law varies from province to province, so please check with your lawyer to ensure your wishes are carried out.)

What Will Happen When I Can No Longer Care For My Pet?

Carol McLaughlin and Paul McLaughlin

Our pets become part of us. They provide us with unquestioning love and understanding. They are there when we are tired, unhappy, lonely or ill. It is only natural that we should be concerned about what will happen to them if we die or can no longer care for them.

Ownership is a strange concept to apply to a living, breathing, loving animal. However, under the law our pets are chattels--things we own.

Death

When you die, your pet becomes part of your estate. You can leave instructions in your will directing your executor to deliver your pet to the person you have decided will do the best job of caring for him or her (see attached). Alternatively, you can give your executor the power to decide who is to get your pet under what is known as a "power of appointment".

It is a good idea to make sure your executor, the person you name to take your pet, your children, spouse and friends all know what you have in your will and your reasons for your decisions.

If you die without a will, you give up control over what happens, and ownership of your animal legally passes to your next of kin with the rest of your estate. If you have family or friends who know your wishes, your pet may end up where you want, but in this case the fate of your pet is more precarious.

If you own a dog under a co-ownership agreement, what happens when you die will depend on the contract you have with the co-owner. If passing of ownership is not mentioned in the agreement then on the death of one of the owners their share passes through their estate. Like other property, if the animal is jointly owned the surviving joint owner gets the other's share.

In Canada, most purebred dogs are registered with the Canadian Kennel Club. CKC registration does not confer ownership, but it does provide evidence of ownership. If you die and your dog is CKC registered , someone (usually your executor) will have to change the registration to the new owner. This is a simple process involving providing proof of the legal change of ownership to the CKC.

You can't leave a gift of money or property to a pet. However, you can leave money or property to be held by your executor or trustee for the benefit of your pet. You should speak to your lawyer about this.

Disability

What happens if you should be in an accident or become ill and end up unable to care for your animal or to express your wishes about what should happen to him or her? If you have a family or a strong support system, your pet may be fine, but to cover other possible situations you may want to consider an Enduring Power of Attorney. In an EPA, you can give specific instructions on how you want your pet cared for. You can do an EPA that refers only to the care of your pet, or you can put a pet clause in a general EPA (see attached).

Again, it is important to make sure everyone involved knows what you want done and why.

Car accidents are an example of a sudden situation where both you and your animal may be injured. Many people take a form with them when they travel with their dogs (see attached).

Even though under the law our pets are viewed as property, taking the above steps will ensure that they are treated as the loved and loving companions they are.

[Ask your lawyer to include these clauses in your Enduring Power of Attorney or your Will]

Sample Clause for an Enduring Power of Attorney

The welfare of my pets is my primary concern. If healthy, my pets should be cared for by someone with whom they are familiar, or a reputable boarding kennel, in the best possible manner until arrangements can be made for their delivery into the care and control of ____________________. If injured or ill, my pets should be cared for by a reputable veterinarian. My Attorney or ____________________ shall have the authority to authorize treatment approved by a veterinarian, including euthanasia where appropriate. My Attorney may use money from my estate to pay any necessary expenses in relation to my pets.

Sample Clauses for a Will

I give all my pets to ____________________.

Alternate: I give my dog [cat, etc.] ____________________ familiar name "____________________ "; tattoo [microchip] # ____________________; CKC [or other] registration # ____________________ to ____________________.

Executor's powers:

I direct my Executor to exercise the powers in this clause for the health and welfare of my pets. If healthy, my pets should be cared for by someone with whom they are familiar, or by a reputable boarding kennel, in the best possible manner until arrangements can be made for their delivery to the person or persons to whom I have given them. If injured or ill, my pets should be cared for by a reputable veterinarian, and my Executor shall have the authority to authorize treatment approved by the veterinarian, including euthanasia where appropriate. My Executor may use money from my estate to pay any necessary expenses in relation to my pets.

[Place this page in your automobile or on your person when you are traveling with your animal(s)]

Authority to Act If I am Injured

If I am incapacitated and unable to make my wishes known regarding my animal(s), I want it known that their welfare is my primary consideration. Please honour the following requests and contact the following people as soon as possible. They will guarantee all expenses for the animal(s).

Please contact as soon as possible:

Name: ________________________________________

Address: ________________________________________

Phone No.: ________________________________________

If they cannot be reached, please contact:

Name: ________________________________________

Address: ________________________________________

Phone No.: ________________________________________

If the animal(s) are uninjured, they are to be cared for by the nearest reputable boarding kennel until arrangements can be made to transfer them to the care of the above-named people.

If they are injured, they are to be cared for by the nearest reputable veterinarian. The veterinarian has my permission to perform whatever medical procedures are deemed necessary, including euthanasia if appropriate.

My veterinarian has all the animal’s records. She/He can be contacted at:

Name of Clinic: ________________________________________

Name of Veterinarian: _________________________

Address: ______________________________________

Phone No.: ____________________________________

Signature ____________________________________

Date: _________________________________________

Name: _________________________________________

Address: ______________________________________

Home Phone No.: _______________________________