Pet Guardian / Succession Plan
SETTING UP LEGAL DIRECTIVES & INSTRUCTIONS
For many of us, our pets are cherished family members. They offer unconditional love, comfort, and companionship. Just as you plan for other aspects of your life, creating a clear Pet Guardianship and Succession Plan provides peace of mind. This plan is simply the set of instructions you prepare to ensure your pet is cared for by someone you trust, according to your wishes, if you're no longer able to do so.
If you are considering a power of attorney, enduring guardianship, or will this is also a good time to think about what would happen to your pet is you suffer loss of capacity or no longer around.
This guide helps you create a comprehensive Pet Guardian and Succession Plan for your furry, feathered, or scaly friend.
Understanding Pet Guardianship vs. Pet Succession Plans
Pet Guardianship refers to nominating a trusted individual or organisation to care for your pet should you become temporarily or permanently unable to look after them during your lifetime (for example, due to illness, accident, or extended travel). This arrangement may be formalised via a written agreement but does not typically involve legal transfer of ownership through your Will or estate.
Pet Succession Plan is a formal legal strategy, usually documented in your Will or through a testamentary trust, that ensures your pet is cared for after your death. It typically involves naming a new owner (guardian) for your pet, making specific financial provisions such as gifts or trusts for their ongoing care, and may include instructions for animal welfare organisations or legacy programs. This plan only takes effect upon your passing.
Why Make These Plans?
Security for your pet: Prevents your pet from being left in a shelter or without appropriate care.
Clarity for others: Removes any guesswork or disputes for family and friends in stressful times.
Continuity of care: Ensures daily routines, medical needs, and special preferences are upheld by someone who understands your pet.
Peace of mind: Knowing your beloved companion will be cared for, even if you cannot do so yourself.
Choosing a Guardian
A pet guardian (sometimes called a carer) is the person or organisation you trust to take responsibility for your pet. Ideal guardians include:
Trusted family or friends with an existing bond to your pet.
Responsible neighbours familiar with your pet’s needs.
Approved animal welfare organisations that run formal care programs.
The Most Important Step: Open Conversation
Before nominating anyone in either type of plan, have a clear discussion about their willingness and capacity to care for your pet. Consider:
Their genuine willingness to accept responsibility.
Suitability, considering their lifestyle and home environment.
Your pet’s specific medical, behavioural, and daily needs.
Clarity about any financial support or resources you will provide.
Making Your Arrangements Official
Building a Pet Guardianship Plan
A pet guardianship arrangement is not legally binding unless included in legal documents. For temporary or ongoing incapacity, prepare a written agreement with the guardian covering essential care instructions and emergency plans. Inform all relevant contacts of this plan.
Creating a Pet Succession Plan (For When You Pass Away)
To ensure long-term protection, include your pet in your Will and consider one of these legal options:
Gift to a Guardian: Name a trusted person to inherit your pet and optionally leave them funds to cover future care. This arrangement relies on goodwill—the use of funds for your pet is not enforceable.
Legacy Program with a Charity: Organisations such as the RSPCA or Animal Welfare League offer programs to take in and care for pets of deceased owners, often in return for a bequest in your Will.
Testamentary Trust: Establish a trust for your pet’s benefit. Appoint a trustee to manage designated funds and a carer for daily care. This provides the greatest assurance your instructions will be followed and is especially suited to pets with complex or long-term needs.
Final Steps
Appoint a Backup Guardian: Always name an alternate in case your primary guardian is unavailable.
Seek Legal Advice: Work with a solicitor for a legally sound Will and any trusts or legacy arrangements.
Prepare a Detailed Pet Profile: Document everything a new guardian needs to know—vet details, medical history, medications, dietary requirements, routine, behavioral notes, and emergency contacts.
Informing Others
Always discuss with intended guardian(s) to confirm willingness and suitability before appointing them.
Ensure all named guardians and emergency contacts are aware of your plans, and keep pet documentation with your important papers.
Keep a detailed pet profile with medical records, dietary needs, and preferences to accompany these documents.
For the Pet Succession Plan, consult a solicitor to create or update your Will or Trust to include these wishes legally.
Helpful Australian Resources
RSPCA Home Ever After Program: National support for pets of deceased owners.
By clearly distinguishing between pet guardianship (for times when you are living but unable to care for your pet) and a pet succession plan (arrangements within your Will that come into effect after your death), you can protect your companion animal in every circumstance, ensuring their ongoing wellbeing and honouring the love you share.
DOWNLOAD TEMPLATE: PET GUARDIAN AGREEMENT
DOWNLOAD TEMPLATE: PET SUCCESSION PLAN
Disclaimer: This guide provides general information only and is not a substitute for professional advice. The information is provided "as is," without any guarantee of its accuracy or completeness.
Any action you take based on the contents of this guide is at your own risk. We are not liable for any loss or damage resulting from its use. Please consult a qualified professional to address your individual circumstances.