Rika the cat has made her way into Larry Gardner’s living trust as well as his heart.

The retired pastor met Rika, a homeless, dark gray and white cat with luminous green eyes, while volunteering at the Hawaiian Humane Society. He adopted her in September.

But Gardner, 84, is not in good health and has made provisions in his revocable living trust for Rika’s care should he be unable to continue to provide her with a home. He designated a trustee with power of attorney to oversee the cat’s care, given that Rika is only 2 and could easily live 10 or more years longer.

Because of his love for animals, Gardner is also donating funds in his trust to the Hawaiian Humane Society.

"Normally, I would create a pet trust for her (to go into effect upon my death)," he said, "but because of this unique situation, the power of attorney will handle these details."

One of the most publicized cases of estate planning for pets involved a $12 million trust fund that hotel heiress Leona Helmsley set up for her Maltese named Trouble upon her death in 2007. A judge later reduced the inheritance to $2 million. And tobacco heiress and part-time Hawaii resident Doris Duke, who died in 1993, left $100,000 in a trust fund for the care of her pet dogs, including a Shar-Pei named Rodeo who went missing after her death.

Gardner is one example of why establishing a trust for a beloved animal isn’t just for eccentric millionaires who leave their fortunes to a pampered pet. A study by the Washington University School of Law estimates 12 percent to 27 percent of pet owners include provisions for their animals in their wills or estate plans.

Honolulu attorney Rhonda Griswold, with the Cades Schutte law firm, said she has seen a growing number of local pet owners make those considerations. They include individuals with no family members to assume care of a pet, and owners of high-maintenance breeds who want to ensure their pets receive appropriate care. Parents also have gone as far as naming guardians for their children with the provision that the family pet remain with them. Other instructions have included requiring that multiple pets be cared for together.

"Most of them just want to make sure (their pets) are cared for and that the right person cares for them," she said. "It’s at the same level as what you would want to do to care for your children."

Griswold will provide estate planning information to pet owners at a free seminar Jan. 29 at the Hawaiian Humane Society. The seminar is offered once a year, according to Lisa Fowler, the society’s director of development.

"We really do encourage people to think about making those plans because sometimes unexpected things happen," Fowler said. "It is really true (that pets) are part of the family, and we want to make sure they are cared for just like anybody in your family would be."

ATTORNEY Emily Gardner (no relation to Larry Gardner) helped draft Hawaii’s pet trust law validating trusts for domesticated animals, which went into effect in 2005. Other states have similar laws.

She said she was inspired at the time by her visits to St. Francis Hospital with her therapy dog. Many of the residents there expressed concerns about what would happen to their pets after they died.

The attorney has since helped many individuals make care arrangements for their dogs, cats and even African gray parrots.

"It gives them peace of mind knowing their pet will be cared for," she said.

Pet owners have a number of options to make sure their animals are cared for, according to Griswold. As Larry Gardner did, they can draw up a revocable living trust that makes provisions for a pet and designates a trustee to carry out the instructions. By doing this, individuals can avoid the expense and delays of probate, meaning there’s no need to go through the courts, she said.

Pet owners also can set aside a conditional gift in their will — a specific sum of money to go to a designated caregiver for the pet. With a conditional gift, however, you are putting your trust in the designee to care for your pet properly.

"It’s only as good as the person you give the money to, because there’s no legal way to enforce it," Griswold said.

With a trust, the trustee can monitor the animal’s caregiver to make sure the pet owner’s wishes are being followed. Another individual, a trust enforcer, also may act on the pet’s behalf.

Along with arrangements seeing to Rika’s care, Larry Gardner has another special request in his living trust. He’s asked that the ashes of his first beloved cat, Fluffy, who died two years ago, be buried with him at Calvary by the Sea Lutheran Church in Aina Haina, where he served as a pastor.

Fluffy also was a stray and became "the church cat," having witnessed hundreds of weddings that Gardner officiated there.