By John T. Marshall, Esq., and Patti Marshall
This is not the article we expected to write this month.
On August 16, following a sudden health emergency, we had to say goodbye to our beloved Gizmo. Many readers knew him as Captain Gizmo, Marshall Law’s “Puplick & Barketing Manager.” He appeared in our photographs, educational materials, and social media posts wearing his tiny ties and captain’s uniform.
But Gizmo was far more than our office mascot. He was Patti’s constant companion, a cherished member of our family, and a source of comfort to clients who came through our doors during some of the most painful and uncertain moments of their lives.
Gizmo seemed to know when someone was grieving or overwhelmed. He would quietly sit beside them and make the room feel safer. His enormous eyes, gentle nature, and unmistakable adoration could soften even the most difficult day.
His life also illustrates exactly why planning for our pets matters.
The Dog Who Needed a Plan
Before Gizmo came to us, he lived with an owner who loved him dearly but eventually had to move into assisted living. Because no plan had been made for Gizmo’s future, he ended up in a shelter.
Fortunately, Poodle and Pooch Rescue of Florida stepped in and gave him a second chance. We later adopted him and promised that he would never again wonder where he belonged.
Gizmo received his happy ending, but it was never guaranteed.
His story reminds us that pet planning is not limited to what happens when an owner dies. Illness, incapacity, hospitalization, and an unexpected move into assisted living can separate someone from a beloved animal with very little warning.
Telling a family member, “Please take care of my dog if something happens to me,” is a loving request—but it is not a complete plan.
What Is a Florida Pet Trust?
Florida law allows a trust to be created for the care of an animal living during the owner’s lifetime. The trust may continue until the death of that animal or, when several pets are included, until the death of the last surviving animal.
A properly prepared pet trust can:
- Name the person who will care for your pet and one or more backups.
- Appoint someone to manage the money set aside for your pet’s care.
- Provide funds for food, veterinary treatment, medications, grooming, boarding, and other needs.
- Describe the standard of care and daily life you want your pet to continue enjoying.
- Appoint someone with authority to ensure that your instructions are followed.
- State where any remaining money should go after the last covered pet dies.
This is different from simply leaving money to a friend or family member with the hope that it will be used for the pet. A pet trust creates enforceable instructions and, when appropriate, separates the responsibility of providing daily care from the responsibility of managing the funds.
A Will May Not Be Enough
A will can include provisions for a pet, but a will only addresses what happens after death. It does not solve the equally important question of who will step in if the owner is alive but hospitalized, incapacitated, or unable to continue living independently.
There may also be a period after death before the appropriate person has legal access to estate assets. Pets, of course, cannot wait for court proceedings before they need food, medication, or a safe place to live.
A comprehensive plan should therefore include both long-term legal arrangements and an immediate emergency plan.
Four Questions Every Pet Owner Should Answer
1. Who will take my pet?
Choose both a primary and backup caregiver. Speak with them now and make certain they understand your pet’s needs and are genuinely willing to accept the responsibility.
2. What care should my pet receive?
Record your veterinarian’s information, medications, feeding schedule, medical conditions, favorite routines, behavioral concerns, and anything else a new caregiver should know. Include your wishes concerning extraordinary medical treatment and end-of-life care.
3. How much money will be needed?
Consider your pet’s age, health, expected lifespan, routine expenses, and potential future medical needs. Decide who should manage those funds and whether the caregiver should receive compensation.
4. What happens in an emergency?
Keep caregiver contact information somewhere easily found. A wallet card, emergency contact sheet, and written instructions at home can help ensure that someone reaches your pets quickly if you are hospitalized or unable to return home.
Your plan should also identify what happens to any money remaining after your pets have died. Some people leave the remainder to family, while others choose an animal rescue or charitable organization.
A Legacy of Second Chances
Poodle and Pooch Rescue gave Gizmo the second chance that brought him into our lives. Because they saved him, he went on to comfort grieving clients, bring joy to our office, help Patti heal after losing Lulu, and show countless people how much love can live inside one very small dog.
Poodle and Pooch Rescue is creating a memorial page for anyone who may wish to help another senior, special-needs, or overlooked dog in Gizmo’s honor.
There is no expectation or obligation to donate. Sharing a memory of Gizmo, loving your own pet, or finally putting a plan in place for your pet’s future is also a meaningful way to honor him.
Protect the Pet Who Depends on You
One of the most meaningful ways to honor Gizmo is to make sure your own pets are protected. If you have not named a caregiver, provided funds for their care, or created legally enforceable instructions for their future, Marshall Law can help you include those protections in your estate plan.
Call Marshall Law, P.A. at 352-432-8859 to give your beloved pets the security of a plan made with love.
Perhaps that is Gizmo’s final lesson for all of us:
Love is why we bring animals into our families. Planning is how we continue protecting them when we can no longer do it ourselves.
Fair winds and following seas, our precious little Captain. You guided so many people through their storms, and you will remain forever in our hearts.