Pets and companion animals are important parts of our lives and family. Legally a pet is regarded as property, not a ‘person’ (although we might think of them that way!), belonging to their owner. Being property means that a pet cannot hold title to property and so cannot take a direct gift of money as a beneficiary under a will.
As owners, it is important to consider options for their care should you become unable to continue and for when you die.
Expressing your wishes as to what you would like done and documenting a plan for their welfare is helpful to family, friends and your executors. Make sure you let them know.
Legislation in each state and territory provides for a person to make ‘enduring’ arrangements, set out in a formal legal document, (callled an enduring power of attorney), where they name someone else to make certain decisions on their behalf, in the event they become incapacitated and unable to continue managing their affairs.
An enduring power of attorney is a powerful document
In considering the making of an enduring power of attorney in the personal and family context, a Judge of the New South Wales Supreme Court said the following: