Helping clients plan for their pets’ future care

There is no legal definition of a pet in English law, so they’re considered as an item, meaning that they belong to their owner, just like a piece of furniture or an item of jewellery. Yet most of us think of our pets as a member of the family, they rely on us completely and, in return, give love and support back in abundance. 

Fortunately, unlike with chattels, there are, and rightly so, laws that must be followed when owning an animal, such as the Animal Welfare Act. In simple terms, a pet is a domestic animal, which is generally considered as one that is tamed and kept for companionship or assistance, and is under the control of a human. 

The first thing that most of us think of when it comes to pets is dogs, cats, hamsters and rabbits, which are generally kept in the house. However, there are some pets where that wouldn’t be suitable; consider a horse or a brood of chickens that, just like a cat, are domesticated animals requiring the attention and care of their owner. 

Provisions for pets

Anyone with a pet will want to know that they have a safe and happy home when they are no longer able to care for them. It’s not something that’s discussed often, mainly because we don’t want to think about bad things happening, like going into care, becoming too unwell to keep up with their needs, or even death. If pets are to be cared for appropriately, provision must be made for them in advance. 

Some of the most stressful scenarios we see as private client lawyers are when people suddenly go into hospital or care and last-minute arrangements have to be made for pets. Thank goodness for kind neighbours, but not everyone is so lucky. 

One particular lady, I can recall, many years ago, moved into care on a Friday afternoon and it was a case of the whole team downing tools on any other matters until her dog had suitable care for the weekend, which was in the form of temporary kennels until it could be rehomed. Luckily in that instance the dog didn’t have complex needs and was well socialised, so wouldn’t be too distressed by staying temporarily in kennels. However, after the pandemic, there are many more pets with temperament issues due to a lack of socialisation. 

Asking the question

It’s even more of a reason to have the conversation and encourage clients to think and plan for their pets. All pets have unique needs, and planning ahead will minimise distress for both the pet and the owner. 

Just as they’d make provision in their will for a special family heirloom or their favourite piece of jewellery, they can quickly and easily name someone who could look after their pet. Not everyone has family members or friends who can take over, which is why it’s important to give them the reassurance that there are trusted options available.