One option is to contract with an animal charity to provide lifetime care for an orphaned pet, with the assurance that it won’t be destroyed absent humane necessity. Some organizations have an excellent reputation and probably meet their obligations well. But they are expensive and typically offer no refund if an animal dies prematurely in their care.

This year another option became available. Several of us in the State Legislature, including Senator Boucher and Representative Russ Morin, were able to secure passage of an act allowing the creation of a trust for the care of an animal. By having such a law, Connecticut joins more than 40 other states that already permit pet trusts.

A pet trust in Connecticut may be created under a will or may be an inter vivos trust established during a person’s lifetime. A trust set-up while the owner is alive can add the assurance that the pet will be cared for in the event the owner becomes disabled and unable to provide care personally. This might be especially useful if a person were considering the future possibility of an assisted living facility. Such facilities usually do not welcome pets.

An important feature of a pet trust in Connecticut is the requirement that a trust designate a trust protector. Since an animal cannot advocate for itself (our occasional experience to the contrary notwithstanding), there must be a human “whose sole duty shall be to act on behalf of the animal or animals….” The trust protector can go to court to enforce the provisions of the trust, to replace the trustee, or to compel an accounting. If fraud is suspected, the trust protector may also ask the Attorney General to intervene and seek restitution.

A major advantage of a trust is that the creator or settlor of a trust can designate who will receive the remaining funds if the pet dies before the money runs out. Further, a Probate Judge or Superior Court Judge can reduce the amount placed in trust if found to be excessive for the purpose. The excess would then be returned to the settlor or distributed to the settlor’s heirs. This provides a way to deal with the much-publicized issue in New York where Mrs. Leona Helmsley, of hotel and real estate fame, reportedly left $12 million to care for her small dog. In a prescient moment she named the dog Trouble.

A pet trust is typically not very complicated and usually can be established without the cost of redoing an entire estate plan. An institutional trustee, like a bank, however, may refuse to act as trustee for a relatively small amount of money, and almost certainly will charge for its services. As an alternative, an individual person in whom the settlor has confidence can serve as trustee, perhaps for little or no compensation. Probably the most important choice is the choice of a trust protector. That individual will need to oversee the trustee and monitor the animal’s care even if the care is provided by a third party. Obviously, the trustee and the trust protector should not be the same person. The trust protector may be compensated under an arrangement if it does not create a conflict with the best interests of the animal. If there is a choice between treats for the trust protector or the pet, the pet has to win every time.

As a society we seem to have come to recognize that animals, at least to a great many people, are far more than chattels fit only to pull the coach or till the soil. As they have become less utilitarian, they have become no less cherished. Not everyone needs a pet trust (or a pet), but for some a pet trust is a very logical part of estate planning.

This article is intended to offer general information only and should not be relied upon as a basis for making personal decisions, which should be arrived at only after consultation with a qualified attorney.