Attorneys are Active Animal Advocates
What exactly is this critter called animal law?
Attorney Emily A. Gardner of Hawaii, in her website, states that she is an attorney devoted to animal law.
Ms. Gardner defines the field here,
“…Animal law has become a distinct legal discipline, with its own body of case law and a growing number of practitioners and academics. The practice of animal law deals primarily with resolving legal issues and situations in which the nature of animals–including their legal status, behavior or biology–is an important factor. Although animals themselves typically do not have standing (meaning the right to sue and be sued on their own behalf) people who care about animals, or who own them or have suffered harm by them often do. As a general rule, if a person or a group of people can show that they have a real and tangible stake in a legal claim involving animals, they can have their grievances heard in a court of law…”
Ms. Gardner proposed the current Hawaii Pet Trust legislation that was adopted by the state in 2005.
She was also invited to testify before the Hawaiian House Judiciary committee concerning her legislation.
She provided insightful reasoning for the passage of the bill when she testified before the Committee;
“…There are many good, caring, intelligent people in Hawaii who want to be able to provide for their pets through the creation of a trust. H.B. 1453 will give them, and their attorneys, the certainty of creation of an enforceable document -- it will do away with all the uncertainties surrounding pet trusts that currently exist.
At the same time, the legislation contains a provision which would allow a court to reduce a bequest deemed in excess of the reasonable needs of the pet-beneficiary, thereby providing a mechanism to prevent excesses which might bring the law into criticism. An attorney counseling their clients would surely inform them of this provision and advise them accordingly…”
She further testified that the bill also contained a provision exempting the trust from the common law against perpetuities, which would allow for the provision of care for long-lived pets such as birds and reptiles and that the legislation would have little administrative burden, as Court appointed enforcement of the trust would be available only by petition.
When asked who might possibly be opposed to the newly proposed legislation, she responded,
“I have wracked my brain for an answer. The only one I've come up with is "The nieces and nephews who didn't care enough to visit auntie, and who are passed over for a bequest in favor of Spot and Fido."
Shouldn't we permit people to care for those most dear to them in the event of their untimely demise, even if those are dogs, cats, or birds rather than people?”
There are many devoted animal owners and lovers throughout the United States.
Fortunately, there are also many attorneys who are included in this group and are willing to share their time, energy and efforts to further the various causes for you and your pets.
A Pet Trust can be Inter Vivos or Testamentary
A pet trust can be established thorough a testamentary trust or with an inter vivos trust.
An inter vivos trust is one that takes place immediately upon the completion and execution of the document. We generally think of this type of trust as a living trust and it is usually revocable by the trust grantor, creator or settlor (all of these terms are used interchangeably).
The living trust can be used to plan for unforeseen circumstances such as incapacity, disability and eventually the death of the grantor.
The grantor also usually serves as the original trustee or co-trustee. In the case where two or more co-trustees serve, the trust instrument can provide that either trustee may act alone on behalf of the trust or require both co-trustees to actor sign.
The trust may never actually be needed or used until the death of the grantor, but it is always available if necessary. It can be changed or altered or even revoked by the grantor at any time.
In a pet trust, this provides that there will be no lapse of care or treatment for your pet and no delay because of any probate process.
On the other hand, a testamentary trust is one that is created in a will.
Since a will is an ambulatory instrument, in that it never is effective until the testator (the one who writes the will) actually dies, this trust will not spring to use until the pet owner is no longer around.
Additionally, a will must go through the probate process, see here, and there may well be some time delays.
This delay may cause issues for the ability of your pet caretaker to secure the means and authority to take care of your pet.
One advantage of this type of trust is that is may be less expensive than the living trust. The trust clauses can be incorporated into the will of the pet owner and thus, become an integral part of the overall estate planning process.
Issues to Consider for Your Pet Trust Planning
The American Society for the Prevention of Cruelty to Animals ( ASPCA) is another invaluable site to reference estate planning needs for your pet.
Kim Bressant-Kibwe, Esq. the ASPCA Trusts & Estates Counsel offers assistance to attorneys, financial advisers and executors on all aspects of planning.
Ms. Bressant-Kibwe writes,
“…A pet trust is a legally sanctioned arrangement that provides for the care and maintenance of one or more pets in the event of their owner’s disability or death. The person who creates the trust is commonly referred to as the ‘settlor’. The person who is entrusted with the funds is called the ‘trustee’. A trust can take effect either during a person’s lifetime or after their death. Typically, a trustee will hold property (cash, for example) “in trust” for the settlor’s pet or pets. When the time comes, the trustee will make payments on a regular basis to a designated caregiver. In some states, the trust may continue for the rest of the animal’s life or for 21 years, whichever comes first. Other states allow a pet trust to continue for the rest of the animal’s life without regard to the 21-year limitation. This is especially advantageous when planning for companion animals such as horses and parrots, who have longer life expectancies than cats and dogs.”
She suggests that you contact your attorney to discuss the needs and future estate plans for your pets to establish a pet trust.
Additional areas of concern that she notes that you, your family and your attorney need to consider include;
The appointment of the trustee and successor;
The appointment of the caretaker and successor;
The need to adequately identify your pets in order to prevent fraud;
A description of your pet’s standard of living and care in detail;
A requirement that the trustee ensures the caregiver is providing the pet with regular, thorough veterinary check-ups;
The need to determine the amount of cash or assets needed to adequately cover the expenses for your pet’s care;
The need to determine the amount of cash or assets needed to adequately cover the expenses of administering the pet trust;
Choosing a beneficiary who will receive any remaining funds that were not used by the pet trust; and
Providing directions for your pet’s burial or cremation.
The ASPCA is on one of the many valuable sources of information available to the public regarding the estate planning process for your pets.
If your advisers need assistance or direction, you can help show them the way.
Be proactive in your life. Make your choices, plan and then proceed,
Why Don't You Love Your Cat?
Arca Max Publishing recently reported a story that stated that cats do not receive the same affection that dogs do and as a result, cats do not get as much medical care as dogs.
Citing a study, published in the Journal of the American Veterinary Medical Association, the report found,
…that U.S. pet owners generally have stronger bonds with their dogs than their cats and are therefore more attached to dogs and thus more attentive to their needs. Cats are substantially underserved medically, which presents problems not only in terms of their health, but in terms of public health, the researchers said.
Even cats sharing living quarters with the family dog are seen by veterinarians significantly less than dogs from the same household. One-third of the cats from these households did not visit a veterinarian annually, compared with 13 percent of dogs in the same household.
The study said many owners think their dogs are in need of more routine medical care because they are outside more often than cats and many cat owners are under the misconception that cats "do not get sick and ... can take care of themselves."
However, cats can hide sickness, so often cats don't see a veterinarian until they're profoundly ill.
Do not forget to take care of all of your pets…dogs…cats…birds…turtles…fish… rabbits…whatever your pet.
You assumed that responsibility when you took them into your home and domesticated them.
Planning for the well being of your pets is a ongoing comprehensive process. Medical care and estate planning are both essential aspects of that plan.
Women Control the Wealth
The American Bar Association Center for Continuing Legal education is one of the more active forums available for ongoing education for attorneys.
The ABA recently announced an upcoming event entitled,” Working with Women Clients in Estate Planning: The Difference is More Than Just Changing Pronouns
The programs descriptions states,
…Women today control more than 50% of the total personal wealth in the United States and the percentage is expected to rise in the coming decade. However, many American women have not done estate planning to protect their assets, their families, and themselves. Since most women will survive their husbands, the need for estate planning continues and often becomes more important for widows. Working with women clients requires a different approach than working with men, and estate attorneys need to understand the nuances of designing client services for this growing market…
Informal polls taken among attorneys seem to indicate that very often the woman is the driving force behind the estate planning process for the family.
Even in today’s society of two working members in many families, the wife is generally the spouse more concerned with the failure to plan.
Many women have seen friends that have to cope with the death of their spouse and the potential effect on the family with the lack of a financial plan. This is particularly true today with many second marriages with assets and children that are yours, mine and ours.
If you find yourself in the position of being the one leading the push for necessary estate planning, try to keep the process moving forward.
If you have a toothache, you have an instant need and go to the dentist right away to have it fixed.
On the other hand, the lack of an estate plan is not something that involves an instant need.
Estate planning is easy, very easy, to delay and eventually the delay becomes a failure to act and then it is too late.
Discuss an estate plan with your family, your attorney, your insurance agent, your banker and your broker.
You need to protect your children, your assets and of course, your pets.
Alabama Code Protection for Pets Trusts
The Comment to the Code states that the purpose is to validate so called honorary trusts. Unlike honorary trusts created pursuant to the common law of trusts, which are arguably no more than powers of appointment, the trusts created by this and the next section are valid and enforceable.
Additionally, the Code provides that a trust for the care of an animal may last for the life of the animal. While the animal will ordinarily be alive on the date the trust is created, an animal may be added as a beneficiary after that date as long as the addition is made prior to the Settlor’s death. Animals in gestation but not yet born at the time of the trust’s creation may also be covered by its terms. A trust authorized by this section may be created to benefit one designated animal or several designated animals.
We have recently discussed, here and here, the close relationship in the ongoing ever changing legal theories for treatments of pets as mere chattel or more akin to a family member.
It is interesting to note that additional Comments to the Alabama Code state in part…
Non-charitable trusts ordinarily may be enforced by their beneficiaries. Charitable trusts may be enforced by the state’s attorney general or by a person deemed to have a special interest. But at common law, a trust for the care of an animal or a trust without an ascertainable beneficiary created for a non-charitable purpose was unenforceable because there was no person authorized to enforce the trustee’s obligations…The intended use of a trust authorized by either section may be enforced by a person designated in the terms of the trust or, if none, by a person appointed by the court. ..If the trust is created for the care of an animal, then a person with an interest in the welfare of the animal has standing to petition for an appointment. The person appointed by the court to enforce the trust should also be a person who has exhibited an interest in the animal’s welfare. The concept of granting standing to a person with a demonstrated interest in the animal’s welfare is derived from the Uniform Guardianship and Protective Proceedings Act, which allows a person interested in the welfare of a ward or protected person to file petitions on behalf of the ward or protected person. See, e.g., UNIFORM PROBATE CODE §§ 5-210(b), 5-414(a)… (our emphasis)
We generally think of humans as seeking protection under a Guardianship or Protective Order proceeding.
In the Code the protection afforded a ward or protected person is also granted to an animal!
(Alabama has been known as the “Yellowhammer State” since the Civil War. The yellowhammer nickname was applied to the Confederate soldiers from Alabama when a company of young cavalry soldiers from Huntsville, under the command of Rev. D.C. Kelly, arrived at Hopkinsville, KY, where Gen. Forrest's troops were stationed. The officers and men of the Huntsville Company wore fine, new uniforms, whereas the soldiers who had long been on the battlefields were dressed in faded, worn uniforms. On the sleeves, collars and coattails of the new cavalry troop were bits of brilliant yellow cloth. As the company rode past Company A, Will Arnett cried out in greeting "Yellowhammer, Yellowhammer, flicker, flicker!" The greeting brought a roar of laughter from the men and from that moment the Huntsville soldiers were spoken of as the "yellowhammer company." The term quickly spread throughout the Confederate Army and all Alabama troops were referred to unofficially as the "Yellowhammers.")
Is Your Pet a Family Member Subject to Shared "Parenting"?
We recently posted a story that was reported in the Naples Daily News, concerning a couple in Naples, Florida who had sued for a replevin action to recover their pet from a veterinarian. See here.
A writ of replevin is a prejudgment process ordering the seizure or attachment of an alleged illegal taking or wrongfully withheld property, goods or chattel (any kind of personal property).
We further noted that the attorney for the owners determined that it was necessary to file an action to demand the return of “personal property” if a pet has been wrongfully taken or detained.
In response to the story, a comment was received from Attorney Kysa Crusco of New Hampshire, wherein she wrote,
“Interesting blog! The personal property question relates to divorce issues many family law attorneys see- will the family court judge treat the pet as chattel or will the pet be treated as a part of the family with a shared "parenting" schedule?”
The interplay between pets and their status as family members or mere chattel is a continuing battle of legal theories and history.
Earlier this month, in Massachusetts, the Milford Daily News, reported that State Rep. Jennifer Callahan, D-Sutton, accompanied by Bailey, her yellow Labrador retriever, presented two animal rights proposals.
One new bill would allow judges to include pets in temporary restraining orders.
"Forty-eight percent of victims of domestic disputes say they delay leaving the situation because they are afraid of what will happen to their pets," Callahan said, citing 12 independent studies summarized in a 2007 article by F.R. Ascione in a collection of articles called Intimate Partner Violence, put out by the Civic Research Institute of Kingston, N.J.
Matt Kakley, of the Milford Daily News reported that the bill would not cost the state any money, as it simply allows judges to make defendants stay away from the animals.
Eight states (Vermont, Maine, New York, Nevada, Colorado, Connecticut, Illinois and Tennessee) have already passed similar laws and 12 other states (Arizona, California, Georgia, Iowa, Maryland, Michigan, New Jersey, Pennsylvania, Rhode Island, Utah, Washington, Wisconsin), as well as Washington, D.C., have legislation pending.
The bill would apply to all pets and companion livestock.
Callahan also filed a separate bill that would allow the owners of pets who were injured or killed maliciously to sue for emotional distress and loss of companionship. See the entire article here.
Are they merely animals that live in our homes…or our they pets…our family members…with real issues such as domestic restraining orders… division as chattel property or treated as a custody schedule problem in a divorce proceeding…visitation rights...subject to inclusion in an estate family plans?
You, the legislatures and the courts are deciding these issues and more, even as I write.
Stay tuned for future revisions, updates and changes.
Can You Direct Euthanasia for Your Pets in Your Will?
Many pet owners, who have devoted a great deal of their lives to their animals, believe that if they are no longer around to take care of them, no one else will be equal to the task.
Some may rationalize that it would be better for their pets not to survive, then to be placed into a facility or a home where they might be treated poorly.
Pet owners have tried to eliminate this possibility by inserting a clause into their will that directs that euthanasia be utilized upon their animals at the death of the owner.
Ida Capers of Pennsylvania passed away in 1963. At the time of her death, she had two pet Irish Setters. Ms. Capers inserted a clause into her will that stated:
"I direct that any dog which I may own at the time of my death be destroyed in a humane matter and I give and grant unto my Executors hereinafter named full and complete power and discretion necessary to carry out the same."
The public outcry again this action eventually led the court to decide that the clause was invalid and void as against public policy. In re Capers Estate, 34 Pa. D. & C.2d 121, 122 (1964).
Since that early case, a long line of court decisions have followed that reasoning and subsequently, clauses of this nature are generally not upheld.
As we have seen in other postings, many states and even cities are leading the way in providing their citizens needed information on estate planning for their pets
Many states have authorized the establishment of Statutory Pet Trusts and the courts are slowly but constantly moving toward the acknowledgement of more rights for pet owners.
The Association of the Bar of the City of New York is one of the organizations that is providing extensive information in this area.
Their brochure of public information provides some insight into the area of pet euthanasia. A part of the booklet provides:
“Provisions in a Will directing that an animal be euthanized upon the death of its owner have been invalidated by the courts. While a pet owner may feel it is important to protect a pet from subsequent mistreatment or a "bad home," it is questionable whether a healthy pet's life must end by euthanasia when its owner dies. Nevertheless, if a pet owner wishes to provide for euthanasia, it is preferable to specify in a Will that the pet be cared for by the Executor or a friend for a period of time and ask that this person attempt to find a good home for the pet, and if no home is found after a specified reasonable period of time, that the animal may betaken for euthanasia. A court may be less likely to overturn such a provision”
The entire document can be viewed here.
On final thought by the New York City Bar is somewhat ominous,
“It should be noted that if you bequeath your animal to a friend or relative, that person becomes the owner and has all the rights and obligations of the pet's care, including the right to euthanize the animal.”
Does your friend love your animal as much as you?
Holding the Pet Trustee Accountable
We recently, visited the responsibilities of the Pet Trustee, see here and determined that their duties mirror those of other Trustees.
In addition to the restrictions imposed in the Trust Agreement , we noted that the Uniform Trust Code also sets out specific expectations for the Trustee.
What happens if the Trustee fails to adhere to the restrictions and steps outside the parameters of the power structure?
If a Trustee is believed to have breached their duties under the Trust Agreement or threatens to do so, what ability does the Court have to control the actions of the Trustee?
Under the common law there were limited remedies available for a breach of duty action again the Trustee. Only the Beneficiary and any Co-Trustee could bring the action and it was a matter for the Court to review.
The legislatures have now provided in most states, that others may represent a Beneficiary if legal action against the Trustee becomes necessary.
In the case of a Pet Trust, the Pet Caretaker would be able to bring an action of the behalf of the Pet.
Generally the Court can order the Trustee to do any number of things, including ordering the Trustee to perform the Trustee’s duties as set out in the Trust or to stop the Trustee from committing a breach of that agreement; order the Trustee to repay money or restore property to the Trust and order the trustee to account for all assets.
In some circumstances the Court can suspend the activities of the Trustee or even remove them from their duties or deny them any compensation for their work.
Many states have also written specific remedies that are available if a Trustee is in violation of their duties. Usually, these remedies are contained within the State's Trust Code and are identical or closely similar to those of the Uniform Trust Code.
Responsibilities of a Pet Trustee
The Uniform Trust Code, adopted by a majority of the states since its initial draft inception in 2000, has been the underlying strength of the new growth phase of Pet Trusts.
We have previously minimally defined the role of the Trustee.
Generally speaking, the duties and responsibilities of a Trustee for a Pet Trust are no more or less than any other Trustee.
The Trust Agreement itself will set out the specific role of the Trustee and set the parameters of the powers of the Trustee.
The Uniform Trust Code also defines in detail, the duties and powers of the Trustee that have been accumulated as established by the courts and the legislatures throughout the years.
Beginning with Section 801, DUTY TO ADMINISTER TRUST, which states…
Upon acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with this [Code].
The Code sets out in great detail the expectations of the Trustee, including definitions and explanations of the needed loyalty and impartiality of the Trustee as well as the accumulation, control and accounting of the Trust property.
Your choice of a Trustee for your Pet Trust, whether an organization or an individual should not be taken lightly. Although their responsibilities are set high and can be closely monitored by your Pet Caretaker, you will be out of the picture and the decisions will be made by someone else
You will no longer have control of the property that you have set aside for the care and protection of your pet.
Chose your Pet Trustee wisely.
Is your Pet still Personal Property?
The couple has now advised the Naples Daily News, that they have secured the return of the dog.
In an interview with a reporter from the paper last month, Nancy Hamerling stated that she took her dog Jake to the vet because she had recently moved and was late in getting a rabies shot for Jake. She left her dog after an employee of a local animal clinic said that she would call Ms. Hamerling when Jake was ready.
When Nancy and her husband Robert went to retrieve the dog, they were advised that it had been put up for adoption.
Although the final ending of this story has not yet been written, the local Domestic Animal Services notified the Hamerlings that they had received the dog from another party and Jake was returned home.
It is interesting to note that the Hamerlings had pursued a legal action for a “writ of replevin” for the return of the dog.
A writ of replevin is a prejudgment process ordering the seizure or attachment of an alleged illegal taking or wrongfully withheld property, goods or chattle (any kind of personal property).
The action of replevin dates all the way back to the common laws of old England and was first used in the thirteenth century. This type of writ is commonly used to take property from an individual wrongfully in possession of that specific property and return it to its rightful owner.
We have discussed on many occasions the evolution of the status of pets and companion animals. They originally were clearly identified as the “personal property” of their owners in the eyes of the Court. But now, in most circumstances, they have been elevated to a higher position.
However, at least with this particular scenario of facts, the attorney for the owners determined that it was necessary to file an action to demand the return of “personal property” if a pet has been wrongfully taken or detained.
There was no other legal remedy available.
What is next in caring for your Pet?
Is this a vital part of the estate planning process for the future care of your Pet?
Little wool sweaters for your dog.
Diamond studded collars for your little kittens.
Expensive toys, fancy organic, home made foods, private beds, car seats, travel carriages for airplanes...
What is next for your favorite Pet?
Well, according to Mark Nash, the author of four real estate books, the “What’s In, What’s Out with Home Buyers in 2008”, includes pet showers.
That's right, pet showers.
Nash writes that the kitchen or work sink in the garage are out for animal baths.
Dedicated pet showers are an emerging trend. Be it in a mud or utility room, a garage corner or the basement, animal lovers, especially dog owners want a place to clean their favorite pooch after a visit to the neighborhood dog park.
Nash explains that the common dog shower features a 3’ by 3’ shower base surrounded by ceramic tile 4’ up the wall.
Pet showers are all about the convenience for Fido to step in and eliminate the master’s need to lift.
No information has been provided as to how much this little Pet Spa will add to the price of your next home.
Alaska a leader in Pet Trusts
Dog sleds in Alaska…
The phrase conjures up vivid images for all of us. We think of strong, barrel-chested, huskies with thick fur, plowing through the heavy snow…straining at their harness to take their master and much needed supplies to the outpost of the wilderness, in exchange for the care and feeding of the musher.
For some of us…Sgt. Preston of the Yukon…On King On!
Maybe this unique mutually beneficial relationship is the reason that Alaska was one of the earliest proponents of Statutory Pet Trusts.
In 1996, the Alaskan legislature passed a bill that validated specific Trusts for designated domestic or pet animals.
The Trust may last for up to 21 years and terminates when a living animal is not covered by the Trust. The Pet Trust is to be liberally construed, to presume against any honorary nature and to carry out the general intent of the transferor.
The law specifically states that unless expressly provided otherwise in the Trust instrument, no portion of the principal or income may be converted to the use of the Trustee or to any use other than for the Trust's purposes or for the benefit of a covered animal.
The statue offers further protection. If an individual believes that the Trustee is not using the Trust funds in accordance with the stated purpose in the Trust instrument, then that individual may make an application with the Court for the proper enforcement of the Trust terms.
When the Trust ends, any remaining funds are distributed according to the terms of the Trust or pursuant to the other statutory requirements.
Today, an overwhelming majority of the states recognize the use of Statutory Pet Trusts for the future well being of your pet and your peace of mind.
What about Crabby?
I am in the early stages of my future planning for my cockatiel, Crabby, who is three years old. I am told the she may well live until her late twenties and I am in my late sixties. Although I love her dearly, like most cockatiels, Crabby is very messy and requires a lot of “hands on” time and I don’t think that she will be easily placed after I am gone. Any suggestions?
Adalina, Ocate, New Mexico
Adalina…we have discussed in this blog on numerous occasions that many individuals choose to have a pet sanctuary or pet retirement center take care of their pets after they pass away.
Perhaps they have no family or friends that are willing or capable of caring for the pets.
One of the downsides of this choice is the cost involved.
We recently spoke with a pet sanctuary and recovery center representative who works for one of the largest sanctuaries in the United States. He advised that the fee for them to take in one pet is $10,000.00 and then an additional $5,000.00 for each successive pet.
In addition, the personal representative of the estate or a family member is responsible for the costs of transferring the pet to the center.
The fee can be paid through a trust or a clause in the will of the pet owner or by a life insurance policy with the center as the beneficiary or obviously, by a straight cash payment.
Arrangements for the pet and the transfer and payment for the services are agreed to in advance.
In exchange for the fee, the center will provide for the shelter and feeding of the animal as well as all medical care that will be needed. They will also attempt to place the pet into a new home as soon as possible.
If you have no other choice, a professional center may be one option for the care of your pet after you are gone.
An expensive option.
How did you become involved with estate planning for pet owners?
I am curious as to how and why you became involved in estate planning for pet owners. I have been a practicing attorney for over thirty years and although it was in the corporate field, I have never met another attorney who even talked about this area of the law.
Mike, Atlanta, Georgia
Mike…my initial interest in this area actually began about seven years ago. Our firm was representing a very wealthy family on all of their business matters and I had been trying for a long time to meet with them to discuss and combine strategic business and estate planning.
They finally agreed and at the initial estate planning consultation conference, the wife, Pam, mentioned that they had two Abyssinian cats and asked what they could do to provide for them in their estate planning.
A young associate who was a part of the conference, burst out laughing and said,” You want to leave a bunch of money to some cats? ”
With that comment, both clients stated that they considered the cats a part of their family and that they would be more comfortable with counsel who understood their feelings…and that they had no interest in continuing with the meeting.
I then began to ask other attorneys if they regularly included pets as a part of their estate planning. Even though many of them were pet owners, not a one of them had even discussed pets with their clients.
With an estimated 65%-75% of all homes in the United States having pets, it was not hard for me to determine that estate planning for pet owners would be an area of growth and future interest for attorneys.
Finally, you might be interested to know that Georgia is one of the few states that does not yet have a Statutory Pet Trust. However, there are other legal methods available to provide for your pets in Georgia and, if you request, we can provide additional information in those matters.
Pet sitting choices... make it personal
Time for a little getaway… a long weekend …or an extended stay overseas.
At one time or another, all pet owners are faced with a similar dilemma.
What to do with your pet while you are away. While many pet owners regularly travel with their pets, many times this is simply not possible.
Perhaps work is an interference, or there is no adequate pet friendly housing available or long plane flights are either too expensive or simply not a viable option.
When your pet is another member of the family, you need to take the time and effort to know who is responsible for your pet while you are away.
Many pet owners choose the institutional kennel or the pet hospital or facility of their vet. There is a certain amount of trust and comfort in the knowledge that a licensed professional will be available on site or close by in the case of an emergency or illness while you are away from your pet.
However, many individuals turn to a friend or a professional pet sitting service to attend to the needs of their pets in these circumstances.
Unless you know the individual responsible for the care of your pet, you need to some due diligence, before your turn over your loved one to a total stranger that may or may not have any training in the feeding and care of a strange animal.
A professional sitting service should provide you with a complete service agreement that outlines their responsibilities and your expectations, including full emergency contact information, feeding, and exercise and grooming schedules.
PetsitUSA.com provides a beginning list for you to review for your pet sitter. They suggest that you observe your pets’ reactions to the pet sitter as you need to be comfortable with whoever comes into your home to care for them. You can see the full list of suggestions here.
The person that you hire, whether an individual or a member of a professional staff, will be working in your home and taking car of your pet while you are not there.
Few decisions that you make will be more personal or important to you.
Choose carefully.
Prepare for Disaster with your Pets
Hurricanes…tornados…floods…all kinds of trouble
In 2004, when we were hit by the backside of Hurricane Charlie, we suffered power outages and limbs in the yard.
Two years later, Hurricane Wilma was an entirely different story.
In late October of 2005, we were in central Florida on a Friday afternoon and trying to decide what to do. The forecast was for Wilma to make a direct hit upon that coast. So we returned to our home in Southwest Florida… and waited.
On Sunday morning, the weather seers said that it might hit close to our area, but that it would be with minimal force.
Unfortunately, early Monday morning, about 4:00 a.m. Hurricane Wilma, now a full force five monster (only 3 Category Five Hurricanes have made landfall in the United States since records began, Wilma was a Five hurricane at peak intensity and is the strongest Atlantic tropical cyclone on record) sounding like a locomotive, was headed right for our door. It was too late to evacuate…we ducked into the hall way and covered ourselves with mattresses. After some four hours of screaming wind and torrential rainfall it was over.
But then came the aftermath. Almost two weeks of no electricity, spoiled food and clean up and clean up…
On April 9th, Dr. William Gray, of the Department of Atmospheric Science at Colorado State University made his annual prognostication regarding the upcoming hurricane season that lasts roughly from June until the middle of November. Dr Gray predicted that 8 major hurricanes would hit the U.S. during the 2008 season.
It is estimated that after Hurricanes Katrina devastated New Orleans in August of 2005, that over 250,000 household pets were abandon and forced to fiend for themselves.
As a response to this disaster, Congress passed the Pets Evacuation and Transportation Standards Act of 2006, which amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to ensure that State and local emergency preparedness operational plans address the needs of individuals with household pets and service animals following a major disaster or emergency.
Disaster will strike all of us at one time or another. We just don’t know when or where. As pet owners, we have the responsibility or planning for the care of our pets during these chaotic times.
According the the American Red Cross, the best way to protect your family from the effects of a disaster is to have a disaster plan. If you are a pet owner, that plan must include your pets. Being prepared can save their lives.
Different disasters require different responses. But whether the disaster is a hurricane or a hazardous spill, you may have to evacuate your home.
The Red Cross provides the following information...in the event of a disaster, if you must evacuate, the most important thing you can do to protect your pets is to evacuate them, too. Leaving pets behind, even if you try to create a safe place for them, is likely to result in their being injured, lost, or worse. So prepare now for the day when you and your pets may have to leave your home.
1. Have a Safe Place To Take Your Pets.
Red Cross disaster shelters cannot accept pets because of states' health and safety regulations and other considerations. Service animals who assist people with disabilities are the only animals allowed in Red Cross shelters. It may be difficult, if not impossible, to find shelter for your animals in the midst of a disaster, so plan ahead. Do not wait until disaster strikes to do your research.
• Contact hotels and motels outside your immediate area to check policies on accepting pets and restrictions on number, size, and species. Ask if "no pet" policies could be waived in an emergency. Keep a list of "pet friendly" places, including phone numbers, with other disaster information and supplies. If you have notice of an impending disaster, call ahead for reservations.
• Ask friends, relatives, or others outside the affected area whether they could shelter your animals. If you have more than one pet, they may be more comfortable if kept together, but be prepared to house them separately.
• Prepare a list of boarding facilities and veterinarians who could shelter animals in an emergency; include 24-hour phone numbers.
• Ask local animal shelters if they provide emergency shelter or foster care for pets in a disaster. Animal shelters may be overburdened caring for the animals they already have as well as those displaced by a disaster, so this should be your last resort.
2. Assemble a Portable Pet Disaster Supplies Kit
Whether you are away from home for a day or a week, you'll need essential supplies. Keep items in an accessible place and store them in sturdy containers that can be carried easily (duffel bags, covered trash containers, etc.). Your pet disaster supplies kit should include:
• Medications and medical records (stored in a waterproof container) and a first aid kit.
• Sturdy leashes, harnesses, and/or carriers to transport pets safely and ensure that your animals can't escape.
• Current photos of your pets in case they get lost.
• Food, potable water, bowls, cat litter/pan, and can opener.
• Information on feeding schedules, medical conditions, behavior problems, and the name and number of your veterinarian in case you have to foster or board your pets.
• Pet beds and toys, if easily transportable.
3. Know What To Do As a Disaster Approaches
• Often, warnings are issued hours, even days, in advance. At the first hint of disaster, act to protect your pet.
• Call ahead to confirm emergency shelter arrangements for you and your pets.
• Check to be sure your pet disaster supplies are ready to take at a moment's notice.
• Bring all pets into the house so that you won't have to search for them if you have to leave in a hurry.
• Make sure all dogs and cats are wearing collars and securely fastened, up-to-date identification. Attach the phone number and address of your temporary shelter, if you know it, or of a friend or relative outside the disaster area. You can buy temporary tags or put adhesive tape on the back of your pet's ID tag, adding information with an indelible pen.
The Red Cross further advises that you may not be home when the evacuation order comes. Find out if a trusted neighbor would be willing to take your pets and meet you at a prearranged location. This person should be comfortable with your pets, know where your animals are likely to be, know where your pet disaster supplies kit is kept, and have a key to your home. If you use a petsitting service, they may be available to help, but you need to discuss the possibility with them well in advance.
Planning and preparation will enable you to evacuate with your pets quickly and safely. But keep in mind that animals react differently under stress. Outside your home and in the car, keep dogs securely leashed and transport cats in carriers. Don't leave animals unattended anywhere they can run off. The most trustworthy pets may panic, hide, and try to escape, or even bite or scratch. And, when you return home, give your pets time to settle back into their routines.
Planning for disaster is a part of the estate planning for your pet.
What is the Probate process?
When an individual dies, their bills must be paid and their assets distributed.
If they die with a will (testate) then the will must be taken to the Probate Court, accepted as a valid document and filed with the Court.
If someone dies without a will (intestate) then each state legislature has established laws to determine who will receive their assets.
In either case, a Personal Representative is appointed and that individual is responsible for collecting all of the deceased assets, paying their final bills, including any taxes due, and then distributing the property, as directed by the will or the legislature.
All of this is subject to the overview and approval of the Probate Court.
The entire estate process can take from a few months to years, depending upon the state laws and the estate complexity.
Thanks for the mention...
We would like to give a hearty thank you for the kind words and mention of our site in this month's AcessInformation newsletter.
According to owner Judy Goater, AccessInformation is one of the oldest information professional companies in the country and the largest of our type in Denver and the Rocky Mountain region. For over 26 years we have delivered key information for decision-making to attorneys and business executives.
Many of our readers and contributors are attorneys and business leaders, maybe you should check out this site for yourself and your business.
It might be beneficial.
We knew that librarians were good people, nice to know that they are animal lovers, as well.
What information does my pet caretaker need?
I have an idea as to the person that I want to appoint as the caretaker for my older Siamese cat, Sammy. Unfortunately, Sammy has some health issues including degenerative joint diseases. What information will the caretaker need in order to provide for my pet when I cannot?
Alva Everglades City, Florida
Alva…After you have carefully chosen the caretaker for your pet, you need to begin to assembly the various pieces of information that you will need to pass along or make available to that individual.
This package needs to be kept in a location that is readily known and accessible (in a safety deposit box at a bank that needs a signature for access is a very bad idea) to your family and the especially, the caretaker.
Cats, suggest that at a minimum, you should consider the following items as information to provide to your caretaker.
• Inoculation and medical records
• Medical conditions
• Spay/neuter certificate
• Veterinarian's phone number and other information
• Special foods and feeding schedule
• Are they an inside or outside cat
• Daily schedule:
what time pet wakes up
any special activities during day
bedtime
• Favorite type of petting or brushing
• Fears
• How to calm a cat when frightened or aggressive
• Where the cat likes to sleep
• Do they travel well in cars
• Will they walk on a lease
• Special play activities that your cat enjoys
• Include something that has your smell on it (scarf or shirt)
• Include photographs from cat's past (this can help bonding with new owner)
This list is by no means complete and certainly you will have additional ideas of your own, based upon the interaction between you and your pet.
Hopefully, the person that you have chosen is already familiar with Sammy and his personality and is willing, if not eager to assume the necessary duties and responsibilities that are required.
Nobody has a better pet than you
Nobody has a better pet than you.
Nobody has a cuter pet than you, whether it is a big ugly pooch or a small little kitty.
It is your pet, your companion…and your friend.
Unfortunately the law, in most instances, still views this beloved creature as a piece of personal property, not much different than a couch or your car.
Many pet owners are using a Pet Trust to provide for the future plans of their pets. However, some owners are uncomfortable with this document and are looking to protect their pets the old fashioned way- via their wills.
If you are in the process of preparing a will for you or you and your spouse, you can certainly include clauses that reference your pets.
If you already have a will, you can add and a codicil (a change or addition to a will) to that document. Generally, there are a number of different types of clauses that refer to your pet and your estate planning.
One clause simply gives your animal to another individual upon your death and asks that the individual treat your pet as their companion animal. You direct that you executor give a certain amount of money to that individual and request that the funds be used for the care of your pet. You can also set out specific instructions for the care of your pet.
However, the downside of using a will for estate planning for your pets is that because they are still considered an asset or property by the Courts, the clause may not be enforceable.
The Trust and Estate Highlights of the law firm of Williams Mullen suggest that one solution is to leave the money to the individual (caretaker). They point out, however... that the individual has no legal obligation to use the money on behalf of the pet, so the owner must trust this person unequivocally. Moreover, if too much money is left to the caretaker, relatives and other interested parties may challenge the pet care bequest. In addition, pet owners must consider that the caretaker might accept the money but refuse the pet. Using a conditional bequest, this leaves the money contingent on the caretaker taking the pet, guards against this problem. This does not, however, prevent the caretaker from accepting the pet and then disposing of it.
In addition, the individual cannot be held accountable for the use of the funds if they decide to spend the money or other things (like a trip to the Bahamas) and remember, your will only becomes effective upon your death. If there is an emergency situation regarding your pet, the will is of no use.
Estate planning for your Pet...when to begin?
Pet trusts, which had their beginnings in the late 1980’s, have become widely accepted in recent years. Thirty-nine states and the District of Columbia have specific Pet Trust statutes on their books and there are other forms of documentation that can be prepared to provide for your pets in those states without Pet Statutes.
If you die without making advanced and sufficient plans for your pets, they will probably end up in a shelter and eventually euthanized.
According to the Human Society of the United States, HSUS, some 6 to 8 million cats and dogs will enter a shelter this year and nearly half of that number or 3 to 6 million will be euthanized.
As many as 25 percent of families with a pet have provided for their animals through wills or trusts, said Sara Amundson, executive director with the Humane Society Legislative Fund. "People really consider pets as members of their family," she said.
When should you begin your planning for your pet trust or the use of a will to determine your pet’s future care?
Owners should start thinking about establishing a trust "the minute" they acquire an animal, recommended Kim Bressant-Kibwe, trusts and estates counsel with American Society for the Prevention of Cruelty to Animals Bressant-Kibwe. ASPCA,
"Life isn't guaranteed to any one of us," she said. "People are particularly interested in pet trusts because they reach beyond the grave."
"Pick the right person and hope that when the time comes that they'll have enough integrity to follow your wishes," Bressant-Kibwe said. "Leaving a little money for them sweetens the deal."
Estate planning for your business, your family and your pets is essential because none of us knows what tomorrow may bring. We make plans to try to minimize the uncertainty, reduce the stress, eliminate the chaos and ease the fear of sudden life changing events.
Estate planning for your business, your family and your pets should begin today.
Are you crazy for cats?
Are you crazy for cats?
The American Pet Products Manufacturers Association (APPMA) www.appma.org ,2007-2008 National Pet Owners Survey reveals the following information:
* There are approximately 90 million owned cats in the United States
* Nearly 36 percent (36%) of U.S. households (or 38.4 million) own at least one cat
* Fifty-six percent (56%) of owners own more than one cat
* On average, owners have two cats (2.3)
* More female cats are owned than male cats -73 percent (73%) vs. 63 percent (63%)respectively
* Eighteen percent (18%) of owned cats were adopted from an animal shelter
* Cat owners spent an average of $175.00 on routine veterinary visits
* Eighty-seven percent (87%) of owned cats are spayed or neutered
Power of Attorney for your Pet---A Powerful Tool
Most responsible parties would agree that all adults need to execute a power of attorney in the event of a temporary physical or mental disability. Generally speaking the spouse or an adult child would be appointed as the agent to act on behalf of the disabled individual.
The American Bar Association, ABA…states, ”An important part of lifetime planning is the Power of Attorney. Valid in all states, (in fact many states, such as New York www.oag.state.ny.us, have statutory forms for a power of attorney) these documents give one or more persons the power to act on your behalf.
The power may be limited to a particular activity (e.g., closing the sale of your home) or general in its application, empowering one or more persons to act on your behalf in a variety of situations. It may take effective immediately or only upon the occurrence of a future event (e.g., a determination that you are unable to act for yourself). The latter are "springing" Powers of Attorney. It may give temporary or continuous, permanent authority to act on your behalf. A power of attorney may be revoked, but most states require written notice of revocation to the person named to act for you. The person named in a Power of Attorney to act on your behalf is commonly referred to as your "agent" or "attorney-in-fact." With a valid Power of Attorney, your agent can take any action permitted in the document…”
Today, with many households having two workers or split schedules, more families are concerned about the well being of their pets in the case of an emergency. You can establish a power of attorney for your pet to be used by a family member or a friend to alleviate some of this concern.
The document can be as specific or as general as you desire. The power of attorney can grant the right for another individual to seek medical treatment of behalf of your pet and provide instructions for feeding or vitamins. The document should specifically identify the pet or pets to be involved and the compensation if any, of the agent. Of course you will need to discuss this with the individual that you chose to make sure that they are comfortable with their responsibilities. You also need to make sure that they, as well as your vet, have a properly executed copy of the document and that they have immediate access to your pet in the event that it becomes necessary.
One final thought. A power of attorney is only one part for your estate planning for your pets. A power of attorney ceases immediate upon the death of the maker and is of no further effect or use to the agent.
What is A Trustee
A Trustee is a person or an organization (i.e. a bank) that holds or manages and invests assets (property or money) that are owned by a Trust Agreement for the benefit of another. The Trustee is legally obliged to protect the assets and distribute them according to the terms of the Trust. The duties and responsibilities of the Trustee are set out in the Trust Agreement and many states have statutes that also govern the activities of the Trustee. The Trustee may or may not be entitled to a payment for their services, depending upon the Trust language.
The choice of a pet caretaker is an important decision
One of the key decisions that you need to make when you set up a trust for your pet is who should serve as the caretaker and the alternate caretaker, if your original choice is unable, for whatever reason, to perform their duties.
The most obvious choices for a caretaker are a friend that is familiar with your pet or another family member. Secondary options may include a local breeder, an animal sanctuary , a pet retirement center or even your pet’s veterinarian. You should be aware that many animal sanctuaries or retirement centers may be cost prohibitive or require a specific donation amount before they will accept your pet.
Your pet trust will direct the Trustee to distribute monies to the caretaker on a regularly scheduled basis to provide for the payment of all of the necessary expenses for your pet. Most pet trusts also provide for a payment to the caretaker for their time and services. You can specify the normal costs required to maintain the standard of living for your pet that include housing, food, veterinary and grooming bills, insurance and cremation or burial expenses.
One of the duties of the Trustee should be the power to demand a regular inspection of your pets to ensure that they are being properly maintained by the caretaker. The Trustee should be allowed to visit the animals in their home environment with the caretaker. The inspections should also be permitted to be made randomly and without prior notice to the caretaker.
Whoever is your choice as the caretaker, it is extremely important that you discuss your expectations of their duties and functions, to ensure that that they are willing to accept this responsibility. You need to be clearly comfortable with your choice, as it may determine the future well being of your family pet.
You are responsibile for your Pet's medical care
If you are like most pet owners in the United States, you treat your pet more like a family member than an animal.
If you are willing to allow your pet to sit with you on your sofa (or lap) to watch television, eat from your plate during meals and sleep in your bed, you are among the majority of pet lovers.
Don’t forget then, that these same pets need your protection and help in other areas and many individuals have prepared Medical Power of Attorneys for their Pets to be used in an emergency situation. Most pet owners regularly and confidently use their local veterinary for medical care and prevention.
However, one couple in Naples, Florida is claiming that a routine trip to the veterinary has turned into a legal nightmare. Naples couple sues vet.
Nancy Hamerling of Naples says she took her 5-year-old Maltese dog (Jake) to a vet for an examination and rabies shot and never got him back.
Three days later, she learned that Jake had been put up for adoption and was gone. Employees at the clinic, however, contend Jake never had an appointment and their office was used only as a place to surrender the dog to a nonprofit adoption group that works with one of its employees.
Hamerling and her husband, Robert, have sued the clinic to get Jake back. A woman, who works at the clinic, said that the Hamerlings brought their dog in and asked how to place him up for adoption because they were moving to a condo that did not allow pets; the Hamerlings deny they’re moving.
According to the Principles of veterinary Medical ethics of the American Veterinary Medical Association. Veterniary Medical Ethics, the veterinarian-client-patient relationship is the basis for interaction among veterinarians, their clients, and their patients…exists when all of the following conditions have been met:
The veterinarian has assumed responsibility for making clinical judgments regarding the health of the animal(s) and the need for medical treatment, and the client has agreed to follow the veterinarian’s instructions.
The veterinarian has sufficient knowledge of the animal(s) to initiate at least a general or preliminary diagnosis of the medical condition of the animal(s). This means that the veterinarian has recently seen and is personally acquainted with the keeping and care of the animal(s) by virtue of an examination of the animal(s), or by medically appropriate and timely visits to the premises where the animal(s) are kept.
The veterinarian is readily available, or has arranged for emergency coverage, for follow-up evaluation in the event of adverse reactions or the failure of the treatment regimen.
Other ethical policies of the AVMA state that veterinary medical records are an integral part of veterinary care and that the records must comply with the standards established by state and federal law. The medical records are the property of the practice and the practice owner. The original records must be retained by the practice for the period required by statute. Ethically, the information within veterinary medical records is considered privileged and confidential. It must not be released except by court order or consent of the owner of the patient. Veterinarians are obligated to provide copies or summaries of medical records when requested by the client and should secure a written release to document that request.
According to the Humane Society of the United States, Humane Society , the best way to find a good veterinarian is to ask people who have the same approach to pet care as you. Start with a recommendation from a friend, neighbor, animal shelter worker, dog trainer, groomer, boarding kennel employee, or pet sitter. Check the Yellow Pages under "Veterinarians" and "Animal Hospitals," where important information may also be provided about hours, services, and staff. You can also search for veterinarians in your area at Pets 911.
You should treat a trip to the veterinarian, just as you would a trip to any other physician, whether for you or another family member. You may learn to rely on their judgment and trust them.
But understand your responsibility to your pets regarding their diagnosis, medications and treatment. You need to speak on their behalf.
Medical care is just another piece of the puzzle that completes the picture of the planning for your pet’s future
Can I put my pet in my will
I have been reading various articles on the subject of pet trusts. I want to fully provide for my Bengal cat, Bangle, and I already have a will. Can I just add some type of addition to this will to take care of Bangle if necessary?
Cyndi, Indianapolis, Indiana
Cyndi...certainly there are some other alternatives to take care of Bangle besides setting up a Pet Trust. You can leave a direct bequest in your will. But remember that the courts, unlike you, still consider your pets to be personal property and like all of your other assets, they can be left upon your death to a friend or family member.
You can provide for a specific amount of money to take care of your pet and provide specific instructions, to a caretaker, for the care of Bangle. If the caretaker does not provide the appropriate care, then they are not entitled to the money. Someone needs to be appointed (personal representative?) to make sure that the money is being used as you intended, That is, for the care of your pet.
An addition to your will or a specific will clause are relatively simple methods to protect Bengal; however, there are some pitfalls to this method of providing for the future of your pet.
First of all, as it is a clause in your will, it will not take effect until your death. Therefore, in an emergency situation, it would not provide for the care of your pet.
Secondly, the courts have held that if you provide…let's say...a clause that gives $5,000.00 to my friend Mary Ann to take care of Bengal upon my death… and Bengal dies before you...if you have not changed your will...Mary Ann is probably still entitled to receive the $5,000.00 upon your death.
Thirdly, the probate process involving your will and the distribution of your assets will normally take a few months to conclude.
Along with the appropriate will clauses, there are other legal methods available to provide for your pets in Indiana. For almost three years, Indiana has had a Statutory Pet Trust, established by the legislature, that allows for the creation of a trust for your pet during your lifetime.
If you have additional questions regarding will clauses or Statutory Pet Trusts in Indiana, we can assist you in those matters.
Nothing is too good for your Pet
For those non believers, who think that pet owners spend way too much time, energy and money on their friendly companions…for food, veterinary bills, toys, beds, clothing, studded collars, licenses, implanted identification, pet insurance, estate planning…a growing number of pet owners are turning to custom-built wheelchairs to restore mobility to their furry friends whose legs, hips or backs don't work.
The owners' goals are simple: to reward their pets' unconditional love with whatever it takes for the animals to live normally. www.washingtonpost.com.
According to this article in the Washington Post, the first pet wheelchairs were developed in the late 1980’s and can cost between $250 and $500 each.
Nothing, it seems, is too good for family pets.
What is a Trust
Welcome to the Blog!
Thank you for stopping by and taking the time to look around. This blog is all about people and their pets. You and your pets.
It is estimated that in the United States alone, over 65% of all homes have pets. Some 90 million cats and 75 million dogs are considered family members.
They live, play and even sleep along side of their owners. Pet lovers stay home from work when their pets are sick, they spend money without hesitation on toys and food and pay huge vet bills.
We spend time and money to plan for our business and personal estates and for more and more of us, the issues of estate planning for pets is considered a vital part of that plan.
In this blog, we will explore and discuss the various options used by individuals and families to plan ahead to make sure that their pets are not deserted or mistreated. More specifically, we will look at the how, why and when to plan for the well being of pets after the death of the owner.
We will review the possible uses of pet trusts and how they are funded; explain power of attorney for pets; discuss clauses that owners may place in their wills to provide for their pets; outline some guidelines for the selection of your pet’s caretaker and trustee and review options for the inevitable death of your pet that will occur.
To help along the way, we will review some of the basic terms used in estate planning and probate to take the mystery out of the legal process and make you more comfortable with your decisions.
My interest in this?
Besides, providing you information and assistance for this additional family member? A two year old Cavalier King Charles Cocker Spaniel named Anna, who runs our house.
Got dogs?
- There are approximately 74.8 million dogs that are owned in the United States
- Thirty-nine percent (39%) of U.S. homeowners have at least one dog
- Most owners (63 percent) own one dog
- Twenty-five percent (25%) of owners own two dogs
- Twelve percent (12%) of owners own three or more dogs
- On average, owners have almost two dogs (1.7)
- The proportion of male to female dogs is even
- Ten percent of owned dogs were adopted from an animal shelter
- On average, dog owners spent $219 on veterinary visits (vaccine, well visits) annually
- Seventy-five percent (75%) of owned dogs are spayed or neutered
Unfortunately, it is also estimated that less than 2 out or every 10 dog owners have taken the time to provide for the future well being of their favorite pooch.
- Who will take care of your Pet when you are unable to do so?
- Do you have a Pet Trust or does your Will provide for your companion?
- Should the need arise, do you have a Medical Power of Attorney for your Pet in place?
What is a pet trust?
I was at a dog park the other day with my Golden Retriever, Mulligan, who was enjoying his romp in the daily rain. I overheard two ladies talking about something called a pet trust. I have heard of this from other pet owners, but do not know what this is? Can you explain the idea of a pet trust?
Dono, Seattle, WA
Dono, sure… a pet trust is a legally binding document that you can create that sets aside specific funds to take care of your pet. It can be set up to take effect immediately or automatically upon your death. The trust would specify a caretaker to physically provide for your pet and a trustee to monitor and control the funds. Under the common law such trusts were unenforceable by the courts in your state. However, the State of Washington has a statutory pet trust that has been approved by your legislature. The purpose of this law is to recognize and validate certain trusts that are established for the benefit of animals. These trusts will be recognized as valid and fully enforceable in Washington.
Contact us for more information or questions on a Washington statutory pet trust.
A Will...a way...to protect your Pets?
A will is a legal document that contains your instructions and wishes as to how to distribute your assets and property after your death. The person who writes a will is called a testator. The will can also appoint individual’s that can serve, if necessary, as a guardian for your minor children and nominate a personal representative to carry out the instructions of your will. Each state has minimal legal requirements that must be followed for a will to be valid and accepted by the courts. But generally, the will must be made by a competent adult, it must be in writing and signed by the testator and witnessed by a least two other individuals and a notary.
You can include a clause for your pets in your will with the appropriate language, but you need to be fully aware of the possible limitations and drawbacks. In some circumstances, the preparation of a pet trust is more appropriate in your estate planning for your pet. Today the majority of states accept and recognize some form of a pet trust.
