PROVIDING FOR YOUR PETS

Can I provide for my pets if I am hurt or if I die?
Yes, you can. This applies to cats, dogs, birds, fish, horses or any domesticated animals. Nevada law allows you to choose a caretaker for your pets if you are injured, become disabled or die.
 

How do I designate my caretaker?
It depends on how formal you want to be in designating a caretaker. If you become sick or disabled, you should designate the custody and care of your pets to a friend or relative until your health improves. You do this by writing a note or, more formally, a document called a "durable limited/special power of attorney" that authorizes your friend or relative to care for your pets in your absence. You should also include directions for the care of your pets in your will. Of course, before you name a friend or relative as the caretaker for your pets, you should discuss this responsibility with them.
 

Can I provide financially for my pets during my illness or disability, or after my death?
Yes, you can. During any sickness or injury, the person who is handling your financial affairs (a court-appointed guardian or someone with power of attorney to act for you) can also be given the power to provide for your pets. This might include providing funds to your caretaker for food, supplies and veterinary care. A lump sum distribution can be provided to the caretaker after your death. If you have a trust, certain provisions can be included to empower the trustee(s) to assist in your animal's care. A direct bequest to your pets is normally not allowed under Nevada law. Instead, the funds are given to the caretaker with the requirement that the funds be used only to care for your pets.
 

If I can't find a caretaker, can I name a humane society or animal shelter to make sure my pets are protected?
Yes, you certainly can. In addition, a cash gift along with the designation of the humane society or shelter of your choice may be appropriate and could result in a longer adoption period for your pets. You may wish to designate your wishes as to the new home for your pets including pet names, any special needs and other important matters.
 

Can I create a trust just for my pets?
In 2001, the Nevada legislature specifically validated the use of trusts to provide for the care of an animal. This new law and its requirements can be found in Chapter 163 of the NRS. Trusts can also provide funds for burial and pet cemetery expenses in addition to lifetime care.
 

I'm glad you mentioned pet cemeteries. Is prepaying my pets burial expenses a good idea?
It depends on your intentions, the type of pet and the cost. If you have a specific pet cemetery in mind that is willing to accept your pet, you may wish to investigate the plans it offers and its reputation. It is important to separate an insurance-type prepaid plan from merely prepaying all or part of the ultimate cost of burial charges. Ask questions such as if the cost is "fixed" and if the location you have selected is guaranteed in writing. Due to the increasing cost of such plans, it is important to have a knowledgeable advisor review any contracts for prepaid pet cemetery expenses.
 

Should I provide for euthanasia — putting my pet to sleep — in the event of my death?
No. This is almost never a good idea and may not even be considered humane. Rather, you should designate a responsible caretaker, shelter or humane society to care for your pets and to provide a loving home after your death.
 

What else can I do to protect the pets I love?
Especially if you live alone, carry a note in your purse or wallet explaining that you have pets at home that depend on you. List their names, what kind of pet and what care they need in case of your illness, accident or death. You may wish to include the name and phone number of a friend or relative who can gain legal access to your home or yard. This also will alert emergency personnel to the fact that they may need to seek prompt authority to care for your pets.