Pet Trust Law Blog : Pet Trust Lawyer & Attorney : Dan Meek Law Firm : Estate Planning, Pet Guardians, Will Provisions

Most responsible parties would agree that all adults need to execute a power of attorney in the event of a temporary physical or mental disability. Generally speaking the spouse or an adult child would be appointed as the agent to act on behalf of the disabled individual.

The American Bar Association, ABA…states, ”An important part of lifetime planning is the Power of Attorney. Valid in all states, (in fact many states, such as New York www.oag.state.ny.us, have statutory forms for a power of attorney) these documents give one or more persons the power to act on your behalf.

The power may be limited to a particular activity (e.g., closing the sale of your home) or general in its application, empowering one or more persons to act on your behalf in a variety of situations. It may take effective immediately or only upon the occurrence of a future event (e.g., a determination that you are unable to act for yourself). The latter are "springing" Powers of Attorney. It may give temporary or continuous, permanent authority to act on your behalf. A power of attorney may be revoked, but most states require written notice of revocation to the person named to act for you. The person named in a Power of Attorney to act on your behalf is commonly referred to as your "agent" or "attorney-in-fact." With a valid Power of Attorney, your agent can take any action permitted in the document…” 

Today, with many households having two workers or split schedules, more families are concerned about the well being of their pets in the case of an emergency. You can establish a power of attorney for your pet to be used by a family member or a friend to alleviate some of this concern.

The document can be as specific or as general as you desire. The power of attorney can grant the right for another individual to seek medical treatment of behalf of your pet and provide instructions for feeding or vitamins. The document should specifically identify the pet or pets to be involved and the compensation if any, of the agent. Of course you will need to discuss this with the individual that you chose to make sure that they are comfortable with their responsibilities. You also need to make sure that they, as well as your vet, have a properly executed copy of the document and that they have immediate access to your pet in the event that it becomes necessary.

One final thought. A power of attorney is only one part for your estate planning for your pets. A power of attorney ceases immediate upon the death of the maker and is of no further effect or use to the agent.