By Stephanie Dickrell

Pet owners can spend a lot of time caring for their pets. But owners don’t always plan for who will care for their pet when they themselves die or become incapacitated. Far too often, Fido is an afterthought when a loved one goes to the hospital or an assisted living facility – or dies.

“It’s something people don’t typically think about,” said Kendra Bader, an attorney with Moss & Barnett.

Now in Minnesota, pet owners can make sure their pets are cared for. In 2016, Minnesota became the last state in the US to adopt pet trust legislation.

The law lumps in pets with personal property, which means they can’t inherit any money themselves. But with a trust, a pet owner can provide funds to support a pet, designate a caretaker and outline how they want the pet to be cared for. Bader worked with the TriCounty Humane Society to create a brochure for pet owners on how to prepare for their pet’s future.

More than two-thirds of American households have a companion animal, according to the Animal Legal Defense Fund. That’s 84.6 million homes.

“Clearly, it’s something that people do care about, and a lot of us do treat our pets as family members,” Bader told the St Cloud Times . “I know I spend more time reading the labels of my dog’s food than my own food.”

Minnesota was definitely late to sanction pet trusts. Wisconsin created legislation in 1969, Montana in 1993. All the other states followed suit.

Before 2016, pet trusts could be created in Minnesota but they weren’t enforceable, Bader said. It was also possible to leave money to someone to care for a pet, but there was no way to ensure that’s what they did with the money.

“If, in a will, you designate $5,000 to your sister to watch Fido, you sister can turn around and really do whatever with the money,” Bader said.

Too often, pets are seen as disposable, said Bethie Gondeck, executive director of Grey Face Rescue and Retirement, which focuses on caring for and finding homes for senior dogs, ages 7 and up, healthy or not.

Gondeck said they often hear from family members when a parent is going into a care facility that doesn’t allow pets.

“That’s how Grey Face got started,” she said. “My uncle had to go into assisted living. Barnaby exceeded the weight limit for Good Shepherd ... he got to live with me.”

She recommends planning ahead, “just like you would be planning ahead for any situation, just like you would create a will for your children.” Gondeck said. “I’m only 28 and I have a plan for my dog.” Making a plan is worth it, Gondeck said. “You don’t want your family to be put in a situation where euthanasia is the only option,” Gondeck said.

Bader recommends pet trusts, but you can also provide for your pet in your will. One benefit of trusts is that they can go into effect if you are still living, but incapacitated.

The American Society for the Prevention of Cruelty to Animals said a Pet Protection Agreement, which is essentially a contract between the pet owner and the future caretaker, is an easy-to-complete form.

Bader said she hasn’t had experience with these directly, but she does say to exercise caution. “It’s always best to have your attorney review it to confirm,” Bader said.

Find a way to adequately identify your pet to prevent fraud. You can use photos, microchips or DNA.

Alternatively, you can describe your pet vaguely, as “the pet(s) owned by you at the time of your illness or death.” Bader recommends this option because we tend to outlive most of our pets. (AP)