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Pet Care Directive Form

Ensure peace of mind.

Serenity Legal provides a free pet care directive, allowing you to clearly express your wishes for your pet’s ongoing care should you become unable to care for them or express your wishes.

Frequently Asked Questions

What is a pet?

Pet means —
A. a domesticated animal; or
B. an animal that is dependent on a person for the provision of food or shelter; but
C. does not include an animal prescribed by regulation not to be a pet.

Why do I need a Pet Care Directive?

Boarding kennels, catteries, agistment facilities and animal day care facilities need to know your preferences if for any reason you fail to collect your companion on time or cannot be contacted in the event of a pet medical emergency.

It is common for facilities to request details of a SA based contact person when owners are travelling overseas or to more remote areas where phone service may be intermittent.

This document is to assist you to express your wishes for your companion animal in the event you cannot be contacted.

The document also aims to relieve the stress others may feel when trying to guess your wishes for your companion animal if for example you are detained under the Mental Health Act or by police.

Can I make provision in my Advance Care Directive?

Yes, however an Advance Care Directive is to express your wishes with regards to medical treatment and lifestyle when you are no longer capable of communicating. This includes end of life instructions.

You may not want to share such a personal document with a temporary pet guardian. Being uncontactable whilst overseas or out of phone service would not invoke your Advance Care directive.

It is a good idea to store a copy of your Pet Care Directive with both your Advance Care Directive and Will in case of the unexpected.

Unclaimed Goods Act 1987

Animals continue to be considered property in SA.

If you fail to collect your companion, under the current Unclaimed Goods Act the pet guardian has the option to sell or otherwise dispose of your companion.

Currently the waiting period before selling or disposing of your companion is three months unless a court order is obtained to act sooner. However, there is proposed legislation which would enable professional establishments such as kennels, catteries and day care to act after 14 to 21 days.

They would also be able to demand the extra costs of caring for the companion prior to returning the animal or take those costs out of the proceeds of sale of the animal. It remains a criminal offence to abandon an animal.

Is a Pet Care Directive a legal document?

No, it is an expression of wishes. You do however have the option to engage a private lawyer to draft a contract based on the Pet Care Directive if you plan to pay the pet guardian.

If you leave money with the pet guardian with specific written instructions to use the money for vet bills or pet food for example and the pet guardian disregards your wishes you may have legal recourse to recover the monies.

Please seek legal advice if this happens to you.

I want to leave money to make sure my pet is looked after if I lose capacity or die

This pet directive tells your chosen pet guardian all about your pet. If you want to ensure your pet has funds for food, vet treatment, toys and bedding you may want to consider forming a testamentary trust. Talk to your lawyer about the best way to do this.

I don’t have anyone in the same State who is willing to be the contact person for my pet while I am away

Some law firms will agree to be the contact upon receipt of a comprehensive Pet Care Directive and fees. Please contact Serenity Legal Australia Pty Ltd on 08 8473 0733 for further details.

Can I bury my pet in my back garden?

Please check with your local council and environmental health authority for applicable bylaws and regulations.

Can my pet be buried with me?

Please check the cemetery rules. Many cemeteries are for humans only. The Burial and Cremation Act 2013 (SA) does not specifically forbid, or allow, pets and humans to be buried together.

How much does it cost?

It is free.