As a devoted pet owner, of course you want the very best for your furry companions. A pet power of attorney is one practical way to make sure of that.
Maybe you take them to the upscale groomer, prepare fresh meals (no canned food allowed!), or bring them along on vacations. You regard your pet as family, yet legally they are typically considered property. That means if you’re suddenly unable to care for your companion, the law doesn’t provide clear instructions on how to authorize someone to step in.
You may have already discussed arrangements with trusted friends or relatives. Still, informal agreements don’t always offer sufficient protection in emergencies. Drafting a pet power of attorney formalizes care instructions so your pet receives the attention and affection you want for them, especially when you’re not able to provide it yourself.
What Is a Pet Power of Attorney?
A pet power of attorney is a specific form of power of attorney (POA) tailored to pets. Sometimes called a letter of attorney, a POA is a written instrument that legally permits a designated person to act on another’s behalf. In this instance, the document empowers someone to manage matters concerning your pet.
When you prepare a pet power of attorney, the document will identify you as the principal or grantor — the individual granting authority to someone else. The person granted authority is often termed the attorney-in-fact or agent. While you’re arranging this, it’s also wise to get your own affairs in order with a will.
The purpose of a pet power of attorney is to formalize the arrangement with your chosen caretaker. Once signed, the law obligates the appointed person to follow your directions as closely as possible.
For instance, you want your cat, Whiskers, to maintain his usual routine. You create a pet power of attorney so if you become too ill to care for Whiskers, your sister (the agent) will follow your instructions. Those instructions might include continuing to buy the same brand of food and approving necessary veterinary treatments so Whiskers can keep enjoying his favorite sunlit window.
Why Put My Wishes in Writing?
It’s natural to trust that your beloved aunt or close friend will do the right thing for your pet in an emergency. Surely they’ll remember your preferences, right?
This isn’t about doubting their reliability; it’s about preventing misunderstandings or miscommunications about what you want. A pet power of attorney makes your intentions clear, so there’s no ambiguity about how your pet should be cared for.
Imagine you’re incapacitated and your pet gets injured in a car accident. The animal needs immediate surgery costing several thousand dollars. Your aunt is panicked and unsure of what to decide, even though you told her long ago that money shouldn’t be a factor for your pet’s care.
A pet power of attorney can remove that stress: your aunt presents the document showing your explicit wishes to the veterinarian, and the surgery proceeds.
Ultimately, it’s about ensuring your directives are followed, your pet is safe, and easing the burden on someone else who would otherwise have to guess the right choice.
What Types of Pet Power of Attorney Exist?
The kind of pet power of attorney you choose depends on your circumstances and how long you want the arrangement to last.
Non-Durable (Limited) Power of Attorney
This POA applies when you want to appoint someone to temporarily handle decisions for your pet. You can specify particular duties they’re allowed to perform, which prevents them from assuming full control over all matters.
A non-durable pet power of attorney is effective only while you are alive and able to make decisions. If you die or become permanently incapacitated, you’ll need a more lasting arrangement.
Use a non-durable POA when you’re traveling for work or pleasure and leaving your pet with another person. The document can be written to expire when you return and can restrict the caretaker from authorizing costly medical procedures without your prior consent.
Durable Power of Attorney
A durable power of attorney is a longer-term solution with no preset expiration. It can take effect right away and may state that the agent will care for your pet even if you die or become incapacitated. Rules vary by state, so check local regulations by consulting your state bar association.
In practice, unless you revoke it in writing, a durable POA remains valid once you designate an agent. You can rescind it whenever you choose. While you can appoint almost anyone, you generally shouldn’t name someone who provides veterinary care to your pet, such as your vet.
The agent you select is charged with executing your wishes, including financial choices. That means the agent may have authority to decide against pursuing a medical procedure if they judge it necessary.
If you pick another person to physically care for your pet, the agent must also ensure the pet is transported safely to that caregiver.
Yes, that’s correct: the individual who handles day-to-day pet care doesn’t have to be the same person who makes financial and medical decisions. You may, of course, appoint one person to handle both roles.
How Do I Draft a Pet Power of Attorney?
After deciding which type of pet power of attorney suits you, determine which powers you want to grant the agent and which you prefer to keep. Do you want to retain control over large financial choices, or give that authority to your agent?
No matter your choices, provide sufficient detail so everyone involved understands the arrangement clearly.
You can either hire an attorney to prepare the document or create one yourself. If you choose the DIY route, many free templates are available online or inexpensive services are offered by providers like LegalZoom or Rocket Lawyer.
Because state requirements differ, pick a reputable template or, at minimum, have an attorney review your draft to ensure it meets legal standards.
Once finalized, sign the document and, in many jurisdictions, have it notarized and witnessed by two people. Give copies to your agent(s) and your veterinarian.
Preparing a pet power of attorney may seem like an extra chore, but the reassurance of knowing your pet will be cared for as you wish is invaluable.
Contributor Emily Hart is a personal finance writer based in Charleston, South Carolina, focusing on real estate, insurance, banking, loans and credit. She hosts the Money Matters and Beyond the Dollar podcasts.
