The possibility of incapacity is all too often overlooked in the estate planning process.  In general, unless you have executed a formal legal arrangement for your own care, such as a durable power of attorney, a friend or family member would have to institute judicial proceedings to have you declared incapacitated to become your “conservator” or “guardian of the estate” and legally act on your behalf with regard to your property.  In many cases, your loved ones will not pursue the legal route if you become incapacitated.  In any case, your pet, as tangible personal property, would be at the mercy of whoever takes over management of your property.

As with planning for death, legal machinations do not address practical issues that may be of the utmost importance to you, such as whether and to what extent you would continue to have contact with your pet and who should take care of the pet in the event you cannot.