Pet Trust Planning for Aliso Viejo Residents

Start with ownership and authority

Before settling on a proposed caregiver, clarify who owns the animal now and who would have authority to make care decisions if you could no longer do so. A pet trust is an arrangement for the care of a living animal under California law; planning should identify the animal-care purpose and the people and resources involved.

The proposed caregiver and the person responsible for overseeing the trust purpose need not be the same person. California’s animal-trust framework distinguishes a trustee from a person designated or appointed to enforce that purpose. Considering those roles separately can help you decide whether one trusted person is suitable for both or whether separate oversight better fits your circumstances.

• Identify the animal or animals the plan is intended to cover.
• Consider who is willing and able to provide day-to-day care.
• Decide who could oversee whether the arrangement is serving its animal-care purpose.

Match the plan to the care you want provided

Useful instructions describe the care arrangement you want without assuming a particular caregiver will always be available. Consider the animal’s routines, living arrangements and the kinds of decisions a caregiver may need to make. These are planning topics, not veterinary advice.

Think through what resources you intend to make available for the animal’s care and how a proposed caregiver would know what you expect. The arrangement should connect its stated purpose with the people and resources involved. Avoid treating a trust as a substitute for identifying a workable caregiver and a way to oversee the plan.

• Write down the animal’s current routine and relevant care preferences.
• List potential caregivers and consider whether each person has agreed to the role.
• Note the resources you want the plan to address and the instructions a caregiver would need.

Consider who will carry out and oversee the arrangement

A caregiver handles the animal’s care; a trustee has a distinct role in the trust arrangement, and a person designated or appointed to enforce the trust purpose may provide a separate form of oversight. Thinking through those responsibilities can reveal a gap before you settle on a plan.

For example, if the person you hope will care for your animal is also the only person you expect to monitor the arrangement, consider whether you want a separate person responsible for oversight. That is a planning question, not a conclusion that a particular structure will be effective in every circumstance.

Prepare for a planning conversation

Bring a short description of each animal, your preferred caregiver, backup possibilities, care instructions and the resources you want considered. If ownership or decision-making authority is uncertain, raise that first: it may change who should be involved and how the proposed arrangement is framed.

Codi M. Dada Law Office P.C. serves clients virtually throughout California from its Novato office. A planning discussion can focus on how your proposed caregiver, trustee, oversight role, instructions and resources fit together. A written plan cannot guarantee a particular person will remain available or that every intended outcome will occur.