Pet Trust Planning for Dos Palos Residents

Define the care purpose and the people involved

California law provides for trusts for the care of a living animal. Begin by describing the animal-care purpose you want the arrangement to serve, then consider which people and resources should be involved.

A proposed caregiver is one part of the plan, not necessarily the answer to every responsibility. Consider separately who you hope will care for the animal, who you want involved with the resources, and who should have an oversight role. These are planning choices to discuss, rather than assumptions to leave unstated.

• Identify the animal or animals you want the arrangement to address.
• Consider a proposed caregiver and whether that person is willing to take on the role.
• List the people you would like involved with resources and oversight.

Separate caregiving, resource decisions and oversight

For planning purposes, distinguish the person you would like to provide care from the person you would like to act as trustee and the person you would like to oversee or enforce the stated purpose. The animal-trust framework distinguishes a trustee from a person designated or appointed to enforce the trust purpose; deciding how those roles should fit together is an important part of planning.

Do not assume that naming a caregiver also answers who will address resources or oversight. You might consider whether one person should take on more than one responsibility or whether you prefer different people. The practical question is what each person is expected to do, and what authority or further direction may be needed for that responsibility.

• Write down the responsibilities you hope each person will take on.
• Consider what should happen if a proposed caregiver or other named person cannot serve.
• Identify questions about resource management or oversight that need clarification.

Prepare useful care instructions and resource information

Before discussing the arrangement, you may find it helpful to gather practical information about the animal’s routine and the care you want continued. This is optional preparation, not a claim that any particular record or level of resources is required.

You can also note what resources you want considered and who you propose to involve with them. Clear information gives you a starting point for discussing how the proposed resources and people relate to the care purpose. The plan should reflect your intentions while allowing the people involved to understand what you want them to address.

• Optionally note routine care preferences, such as feeding, exercise and housing.
• Gather relevant care information you would want a proposed caregiver to have.
• List the resources you want considered without presuming a required amount.
• Think about an alternative caregiver in case your first choice is unavailable.

Resolve uncertainties before relying on the arrangement

A useful decision framework is to ask three separate questions: Who do you want to care for the animal? Who do you want involved with the resources? Who should have an oversight role? Then consider whether the people you have in mind understand the responsibilities you want them to take on.

If a proposed caregiver is also being considered for another role, clarify that choice rather than treating the roles as interchangeable. Identify any unanswered questions about responsibilities, resources or alternatives for discussion. An arrangement does not guarantee a particular enforcement outcome, so it is useful to consider how its intended purpose and oversight should be expressed.

• Decide which responsibilities belong to the proposed caregiver and which need separate consideration.
• Clarify who you want involved with resources and oversight.
• Note any alternatives or unresolved decisions to discuss.

Discuss a pet-care plan from Dos Palos

Codi M. Dada Law Office P.C. provides virtual services throughout California from its one in-person office in Novato. If you are in Dos Palos and are considering a trust for an animal’s care, a practical starting point is to bring your proposed caregiver, care preferences, resource ideas and questions about responsibilities and oversight. Those details can help focus the discussion on the arrangement you want to create.