Hurricane Season is Here- Plan for Your Pet
As Tropical Storm Alma forced evacuations and caused flooding along the coast of northwestern Nicaragua, we have a not so gentle reminder that Hurricane season is officially here.
We have discussed this before, here.
For the next few days, we want to again remind you of some of the many preparations and precautions for emergencies that you can take for your pets.
Today's advice comes directly from Uncle Sam, that’s right the U.S. government.
The official website, of Ready America has the following tips;
"If you are like millions of animal owners nationwide, your pet is an important member of your household. The likelihood that you and your animals will survive an emergency such as a fire or flood, tornado or terrorist attack depends largely on emergency planning done today. Some of the things you can do to prepare for the unexpected, such as assembling an animal emergency supply kit and developing a pet care buddy system, are the same for any emergency.
Whether you decide to stay put in an emergency or evacuate to a safer location, you will need to make plans in advance for your pets. Keep in mind that what's best for you is typically what's best for your animals.
If you must evacuate, take your pets with you if possible. However, if you are going to a public shelter, it is important to understand that animals may not be allowed inside. Plan in advance for shelter alternatives that will work for both you and your pets.
Make a back-up emergency plan in case you can't care for your animals yourself. Develop a buddy system with neighbors, friends and relatives to make sure that someone is available to care for or evacuate your pets if you are unable to do so. Be prepared to improvise and use what you have on hand to make it on your own for at least three days, maybe longer."
Preparing for Your Pets Makes Sense. Get Ready Now.
Emotional Distress Claim for a Pet in Idaho
Is it true that an animal owner may recover money damages for mental anguish for the loss of a pet in Idaho?
Paul Ammon, Idaho
Paul… at least in one case...in 1985, in the case of Gill v. Brown, 107 Idaho 1137, 695 P.2d 1276 (Idaho App.1985), the Idaho Appellate Court reversed a lower trial court that had dismissed a claim for intentional inflection of emotional distress by the owner of an animal that had been killed by another.
In this case, Brown allegedly shot and killed a donkey owned by Gill.
In rendering its decision, the Court stated:
"The measure of damages when personal property is destroyed by the tortious conduct of another is the fair market value of the property at the time of its destruction. Bratton v. Slininger, 93 Idaho 248, 460 P.2d 383 (1969); Skaggs Drug Centers, Inc. v. City of Idaho Falls, 90 Idaho 1, 407 P.2d 695 (1965). In the case of destroyed animals, the majority of jurisdictions use this measure and specifically deny recovery for mental anguish suffered by the property owner. Annot., 1 A.L.R.3d 997, 1010 (1965). We are not persuaded to depart from this general rule."
The Court went on to state;
"One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress, and if bodily harm to the other results from it, for such bodily harm. Under this view, a plaintiff may recover for mental anguish if the defendant's conduct was "outrageous" and if the mental anguish suffered was "severe". Hatfield v. Max Rouse & Sons, supra; Rasmuson v. Walker Bank & Trust Company, 102 Idaho 95, 625 P.2d 1098 (1981). In their complaint, the Gills allege that Brown "negligently and recklessly" shot and killed the donkey, that the donkey was both a pet and a pack animal, and that the loss of the donkey has caused the Gills to suffer "extreme mental anguish and trauma." By alleging that Brown's conduct was reckless and that they thereby suffered extreme mental anguish and trauma, the Gills have alleged facts that, if proven, could permit recovery under an intentional infliction of emotional distress cause of action."
The case was order to be returned to the trial court to determine whether or not the Gills could prove their allegations against the Browns.
Thus the door for possible recovery was reopened…
Condo Owner has Pet Issues
We recently received the following inquiry;
Question . .. I reside in a condo that never inforced the rule regarding no pets allowed over 30 lbs. Recently the Association has singled out a few individuals with dogs exceeding the limit. However others with dogs over 30 lbs. are not being harrassed by receiving fines monthly. Is this legal for them to do this. Do those that are being singled out have any rights that protect them?
Sincerely Sandra, Grossmont Village Blues
Sandra, I do not have enough information to answer your question directly and it does depend upon the state where you reside.
However, generally the Condominium Covenants, Restrictions and Conditions or even the Rules and Regulations set out the specific rules for pet ownership.
Pet rules must not be unreasonable, cannot be arbitrarily or unfairly enforced and must be aproved and in place according to the correct procedures and processes.
Certainly, most courts have held that a total outright ban on pets is not an unreasonable rule.
Your question would focus on the unfair or arbitrary selective enforcement of a rule.
The Board or their appointed manager can not chose which rules to enforce or which owners to single out as a violator of those rules.
Rules that are changed to be applied retroactively also may be challenged by the owner.
Citizens for Pets in Condos is a site devoted entirely to this issue. You may want to check them out for some guidelines.
We wrote here about being proactive before you sign a lease or buy a property if you are concerned about your pets.
If you are already living in a place and the rules change, you may have legal recourse.
Finally, you need to speak with an attorney in the area where you reside for advice and assistance.
Protect Your Child From Dog Bites
We have just completed National Dog Bite Prevention Week and we thought that we would take the time to pass some safety information on to you.
According to the American Academy of Pediatrics, every year, dogs bite 4.7 million Americans, with 48 percent of all reported bites to victims younger than 10 years old. Children are 300 times more likely than adults to be bitten.
"Children are particularly vulnerable to this type of injury because of their smaller size and their inexperience with animals," says Renee R. Jenkins, MD, FAAP, president of the AAP. "Adults should be sure to properly choose and socialize pets, and teach their children how to be safe around dogs both those they know and those they don't know."
They also offer these tips for dog bite prevention, which we thought we would pass along to you.
Carefully consider your pet selection. Puppies should not be obtained on impulse. Before and after selection, your veterinarian is the best source for information about behavior and suitability.
Make sure your pet is socialized as a young puppy so it feels at ease around people and other animals. Gradually expose your puppy to a variety of situations under controlled circumstances; continue that exposure on a regular basis as your dog gets older. Don’t put your dog in a position where it feels threatened or teased.
Wait until your child is older. Because so many dog bites happen to young children, it is suggested that parents wait to get a dog until their children are older than 4 years of age.
Train your dog. The basic commands “sit,” “stay,” “no,” and “come” can be incorporated into fun activities which build a bond of obedience and trust between pets and people. Avoid highly excitable games like wrestling or tug-of-war. Use a leash in public to control your dog.
Keep your dog healthy. Have your dog vaccinated against rabies and preventable infectious diseases. Parasite control and other health care is important because how your dog feels directly affects how it behaves.
Neuter your pet. It’s a fact: neutered dogs are 3 times less likely to bite.
Be a responsible pet owner. License your dog with the community as required. Obey leash laws. Dogs are social animals; spending time with your pet is important. Dogs that are frequently left alone have a greater chance of developing behavior problems.
Be alert. Know your dog. Be alert to signs of illness. Also watch for signs your dog is uncomfortable or feeling aggressive.
How can my family and I avoid being bitten? Be cautious around strange dogs and treat your own pet with respect.
Because children are the most frequent victims of dog bites, parents and caregivers should:
• NEVER leave a baby or small child alone with a dog.
• Be on the look out for potentially dangerous situations.
• Start teaching young children – including toddlers – to be careful around pets.
Children must be taught NOT to approach strange dogs. Teach children to ask permission from a dog’s owner before petting the dog.
These are great tips, not only for this week, but for all times.
By the way, these are great safety tips for adults, as well as your children.
Plan. Be careful!
Another Microchip Option for Your Pet
On Sunday, we took a brief look at the services provided by HomeAgain.
Today we will present information to you from AVID.
AVID stands for American Veterinary Identification Device. They state that they are the largest provider of microchips and scanners to professional kennels and breeders in the United States.
The AVID provides the following information to all pet owners:
"Microchips vary in price depending upon what type you want, what accessories you want, and how many you order. The prices start as low as $6.25 per chip.
The microchip has no power supply, battery, or moving parts. It is designed with an operating life of over 25 years and is guaranteed for the life of the animal. Once injected, the microchip is anchored in place as a thin layer of connective tissue forms around it. The chip requires no care. It does not pass through or out of the body.
Microchips go into the animal by way of standard injection. Those familiar with the delivery systems for vaccines and regular shots will have no problem injecting the chip. Complete step-by-step instructions are included with all products. In all states you are legally allowed to inject your own animals. If you are considering microchipping for others, you must check with your State Veterinarian's office for rules that apply in your state.
A special scanner sends a harmless radio signal to the tiny microchip that has been implanted under the skin of the pet.
Although the microchip needle is larger than a typical vaccine needle, animals do not over react to it. Anesthesia is not required or recommended. The AVID chip is biocompatible and has a special coating called Parylene C that helps it stay in place.
The same sized microchip and needle are used in toy-sized animals and mice, baby birds, and newly hatched sea turtles!
Most breeders inject the chip between the ages of five and eight weeks. Of course, the injection can also be done at any time after that.
Dogs and cats are injected between the shoulder blades with a deep subcutaneous (under the skin) delivery of the chip..."
HomeAgain or AVID or another source.
You decide… but decide.
The cost and time to microchip your pet is minimal compared to the sense of well being and safety that it can provide to you.
Contact your Vet or local animal shelter.
Many times your local agency will sponsor a microchipping day for your pets at a minimal cost.
Plan for your pet’s future.
* Unfortunately I own no stock or other interests in either one of these ventures.
Would You Risk Your Life for Your Pet?
Diane Pomerance* gave us permission to use this posting on this National Holiday.
Enjoy it with your family and your pet!
Would you risk your life for your pet?
Hurricane Katrina taught those who love animals as well as the general public that yes, indeed, people have loved and will continue to love their pets enough to sacrifice their own lives for them. For many, this fact is surprising, even shocking. After all we're socialized to regard animal life as less important than our own.
Many people still view animals (even beloved pets) as chattel, our property, as frivolous or unnecessary additions to our families and certainly unworthy of serious consideration as a being for whom we would readily sacrifice our lives. For the most part, we have been taught that we have "dominion" over the animals and creatures of the world, and we have interpreted the word "dominion" as superiority rather than its true meaning which is "guardianship" or "stewardship" - the responsibility to respect and care for our animal brethren.
There are many others, however, who understand that in today's chaotic, tumultuous, unpredictable and violent world - a world in which we are often physically as well as psychologically detached and disconnected from our fellow human beings, that our animal companions are more important to us than ever before! No matter how difficult, complex, frustrating or challenging our lives may be, our animal companions offer unconditional love, support, healing, acceptance and affection.
They are our best friends and confidants as well as family members.
They seem to understand our feelings and our needs and are able to accommodate them. We can sigh with relief, let down our guard and be truly ourselves. No facade, no pretense, no agenda is required at home base - where we find a place of relative peace, sanity, comfort and safety. Physiologically, emotionally and spiritually we receive inspiration, comfort and healing from our pets.
Clearly the public and those who were recruited as well as those who volunteered to rescue the victims of Katrina underestimated or simply did not understand the extraordinary bond and powerful attachment many humans have with their animal companions We were moved to tears at the predicament of so many of our fellow citizens who lost virtually all of their material possessions along with the lives they had known prior to Katrina.
We were devastated to see families torn asunder. Yet one of the saddest stories we followed was the little 7-year old boy who vomited and sobbed uncontrollably when separated from his beloved dog, "Snowball" who was not allowed on the bus with him as he evacuated the city.
People are becoming increasingly aware of the significant roles animal companions play in our hearts and our lives - how deep a bond is forged between so many humans and their pets. Of course, we must have respect and compassion for one another, but also, as Mohandas Ghandi so poignantly observed:
"The greatness of a nation and its moral progress can be judged by the way it treats its animals."
If we are to survive as a culture and a society, we must practice the teachings of all the world's great religions: to live with love and respect for all living beings.
*Diane Pomerance received her Ph.D. in Communications in 1979 from the University of Michigan, and has written the highly acclaimed children's nonfiction book on pet loss, "When Your Pet Dies" which teaches children how to cope with and recover from the loss of a beloved companion animal as well as those inevitable losses in life. She is also the author of "Animal Companions: Your Friends, Teachers & Guides", "Animal Companions: In Our Hearts, Our Lives & Our World.", Animal Elders: Caring About Our Aging Animal Companions", "Finding Peace After the Loss of a Loved Animal Companion", and her most recent book "Pet Parenthood: Adopting the Right Animal Companion for You." Dr. Pomerance counsels those mourning the loss of a beloved companion animal. As a writer, teacher, counselor and animal lover, she recognizes that the loss of a pet can be devastating to adults as well as children. For over 25 years, she has also worked in a wide variety of capacities in the entertainment industry both in New York and Los Angeles, including production work with such programs as NBC's NFL productions. Visit her here.
Microchip Your Pet for Safety
You see the calls for help all of the time in the paper…
Tacked up on a telephone pole…
On the grocery store bulletin board...
Lost! Small gray spotted kitten in the vicinity of Fifth and Third…
Black Lab missing from Claret Park last Saturday, if you have info please contact…
What can a pet owner do to protect their companions?
One easy way to protect your pet is to make sure that they have a microchip identification implanted upon them.
The two major microchipping companies are HomeAgain and AVID.*
According to the HomeAgain website,
… one in three pets will become lost during their lifetime. And according to the American Humane Association, only about 17 percent of lost dogs and two percent of lost cats ever find their way back to their original owners. Almost 4 million pets are euthanized every year because their owners can't be found in time - if a shelter cannot determine a pet's owner, the pet may be euthanized in as few as three days.
Tags and collars are a good start - they're certainly better than no ID at all - but they aren't 100 percent dependable. Tags can fade, rust, or get scratched, making them impossible to read. Collars can tear or slip off, or get caught on something while your pet is wandering…To microchip your pet, a veterinarian injects a tiny chip about the size of a grain of rice just under your pet's skin between the shoulder blades. The number on the chip is then entered into the HomeAgain database.
When a lost pet is found, any animal hospital, shelter, or humane society can use a special handheld microchip scanner to read our microchip's unique ID number. The veterinarian or shelter then contacts the HomeAgain database. The database matches the number to a name and phone number, reuniting the lost pet with its owner.
The site states that the procedure to implant the microchip is not expensive, it is not a safety threat to your pet, enrolling in a database or service is not necessary, implanting the microchip will not hurt your pet, most shelters and veterinarians have microchip scanners, so they will be able to read the microchip and identify your pet, every pet with a microchip will be given a unique number and the microchip will not wear out or need to be replaced.
Tuesday we will look at the AVID process and then you will decide and proceed to protect your pet.
* In the interest of full disclosure,I must inform you that unfortunately I own no stock or other interests in either one of these ventures.
One Free Bite For Your Dog?
This is a follow-up to yesterday’s post regarding the attacks by coyotes upon pets in the Naples, Florida area.
We thought that we would take a closer look at the Florida laws regarding the attack by a dog.
Many states have adopted a “one free bite” rule for dogs.
According to dogbitelaw.com . approximately 18 states observe this rule.
According to this site,
"The common law shielded the owner of a domestic animal from civil liability to the first victim of each of his animals. This absolving principle came to be known variously as the "one bite rule," the "first bite rule," or the "first bite free" rule. However, it has been repeatedly stated in the court decisions that the name "one-bite rule" is a misnomer, in that the rule applies to any injury whether or not it was caused by a bite, and that proof of the dangerous propensity of the animal does not require the existence of a prior bite even in a biting case.
The rationale of the one bite rule was that domestic animals by definition were not injurious, and therefore liability could be predicated only on the defendant's knowledge that a particular animal had a propensity to behave in manner that was injurious to humans. Again, the rule applied to any type of injury, whether or not a bite.
The rule provided not only a shield for the animal's owner but also a sword for its victim, because it justified compensating any victim -- after the first one -- who was injured by the same dangerous propensity. The owner, keeper or harborer of the dog thus was held strictly liable when his domestic animal injured a subsequent person the same way it hurt a prior one."
Florida has not adopted this rule.
The Florida Statutes provide, under Title XLV. Torts. Chapter 767. Damage by Dogs.
767.01. Dog owner's liability for damages to persons, domestic animals, or livestock…
Owners of dogs shall be liable for any damage done by their dogs to a person or to any animal included in the definitions of "domestic animal" and "livestock" as provided by s. 585.01.
Also, under 767.04. Dog owner's liability for damages to persons bitten
The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners' knowledge of such viciousness. However, any negligence on the part of the person bitten that is a proximate cause of the biting incident reduces the liability of the owner of the dog by the percentage that the bitten person's negligence contributed to the biting incident. A person is lawfully upon private property of such owner within the meaning of this act when the person is on such property in the performance of any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States, or when the person is on such property upon invitation, expressed or implied, of the owner. However, the owner is not liable, except as to a person under the age of 6, or unless the damages are proximately caused by a negligent act or omission of the owner, if at the time of any such injury the owner had displayed in a prominent place on his or her premises a sign easily readable including the words "Bad Dog." The remedy provided by this section is in addition to and cumulative with any other remedy provided by statute or common law.
And, in addition to any monetary damages (medical expenses, property damage, lost wages or permanent impairment) that might arise as to the owner’s liability, the statute further provides:
767.13. Attack or bite by dangerous dog; penalties; confiscation; destruction
(1) If a dog that has previously been declared dangerous attacks or bites a person or a domestic animal without provocation, the owner is guilty of a misdemeanor of the first degree…In addition, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary, for the proper length of time, or impounded and held for 10 business days after the owner is given written notification…and thereafter destroyed in an expeditious and humane manner…This 10-day time period shall allow the owner to request a hearing…The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure…
The majority of the states impose at least some type of strict liability upon the owner of a dog that attacks other animals or people.
You are usually responsible for the actions of your pets. Especially the bad actions.
Coyotes Can Be a Threat to Your Pet
When you think about all of the dangers that exist for your pet, you could probably make a long list.
Serious infestation of ticks or fleas, eating or drinking all types of dangerous toxins, from fuel to lite your outside grill to the dead bird in your yard and the ever present speeding neighborhood vehicle.
However, we usually don’t think of natural enemies that our pets may encounter.
Although, here in southwest Florida, natural predators are always a common problem, with alligators taking animals from yards, parks and other areas. We must be on constant alert with or pets, particularly around natural ponds, canals and lakes.
Now, unfortunately we have another issue.
The Naples Daily News reporter Villi Finney recently wrote about a series of at least four attacks on local pets by coyotes.
Even more disconcerting is that the owners were with these pets at the time of the attack.
“We believe it's coyotes, but it could be feral dogs,” said Florida Fish and Wildlife Conservation Commission (FWC) spokesman Gary Morse during a media briefing Wednesday.
The FWC has set live traps in the suburban neighborhood in an attempt to locate the coyotes.
The attacks have taken place in a neighborhood with many families with small children and pets, heightening the fear of the situation.
Dr. Martin Main, a leading coyote researcher in Florida, said he believed that the attacks were by a pair or coyotes with new born pups. He surmised that coyote pups stay in the den until they are about eight weeks old, and then first venture out of the dens when they are about 10 weeks old to learn to hunt. They stay with the parents typically for a year before venturing out on their own.
Coyotes typically can roam a 10- to 15-square mile area.
The Daily reported that FWC officials, along with the Lee County Sheriff’s Office and the U.S. Department of Agriculture have joined in an attempt to control the coyotes because they have become a nuisance and danger.
In March, a pug dog was snatched from the owner by a coyote, while she was walking her pet and just this week there was another attack on an owner and two small dogs.
Morse and Main say living with coyotes is something Floridians will have to get used to.
“Florida is blessed with an abundance of wildlife and a place where people like to come and live,” Morse said.
But, the increasing population and growth in Florida leads to conflicts with wildlife.
FWC stated that there are management plans for alligators, bears and panthers, but none for coyotes.
According to Animal Diversity Web, coyotes are native to the Neoarctic region. They are found throughout North and Central America. They range from Panama in the south, north through Mexico and into the United States, and Canada. They occur as far north as Alaska and all but the northernmost portions of Canada.
Coyotes are extremely adaptable and use a wide range of habitats including forests, grasslands, deserts, and swamps. Because of their tolerance for human activities, they are also found in suburban, agricultural, and urban settings. Coyotes are less likely to form packs than are wolves. Hunting, which takes place around the den, is done individually, in pairs, or in family units depending on prey availability. Coyotes are essentially nocturnal but can occasionally be seen during daylight hours.
Part of what makes coyotes so successful at living in so many different places is the fact that they will eat almost anything, including human trash and household pets in suburban areas.
Apparently, then these attacks can occur in almost any area of the United States.
Just another reason to plan and prepare for the well being and safety of your pet.
You are responsible…assume the responsibility.
Want to Clone Your Dog?
Okay, I really enjoy my little dog, Anna.
She provides us with a lot of fun moments and is a good companion and a constant friend.
If something were to happen to her, we would be very upset.
But…
If something does happen to her, I don’t think that I would want to start all over with her again.
Let me explain…
PR Inside reports,That Start Licensing, Inc. (Start) announced that it has granted a sole, worldwide license for the cloning of dogs, cats and endangered species to BioArts International, Ltd. (BioArts) of Mill Valley, California. The license includes the grant of an exclusive option to BioArts for exclusivity in dog and cat cloning.
“Our agreement strengthens BioArt’s position as the world’s leading quality provider of companion animal cloning services," said Jonathan Thatcher, president of Start.
"This license agreement allows us to leverage Start's unique and vital international role to cement our own position in the global market. While other companies might claim capabilities in this area, BioArts is the only entity in the world with both the know-how and the legal right to practice commercial cat and dog cloning," said Lou Hawthorne, Chief Executive Officer of BioArts.
Best Friends Again, is a limited commercial cloning program sponsored by BioArts.
According to their web site, they are offering an on line auction to clone your dog.
“We are thrilled to announce the Best Friends Again program,” said CEO Lou Hawthorne. “This auction will give five very lucky people the ability to clone their family dogs. Given how challenging it is to clone dogs, this is a very rare and special offer.”
In order for you to bid on this cloning, the following criteria has been established by the company.
• You must be at least 21 years of age and be able to form legally binding agreements
• You must have a living dog from which your veterinarian can obtain a viable tissue sample, or have already gene banked viable tissue from a live or deceased dog. Please note that we cannot clone pets by using saliva, teeth, nails, blood, or fur.
• We also require a bank reference that will confirm your ability to pay for this service, with available cash, assets, or credit line of at least $250,000.
• Each approved bidder must agree to the auction terms and conditions
They advise that the cloning process usually takes 3 to 6 months after receipt of a DNA sample, but up to one year may be required to produce a cloned puppy in certain cases. The winning bidder will have 30 days after the auction to submit a tissue sample in order to start the process, which takes place in a Korean lab.
So, if you have any extra $250,000.00 lying around and want to make sure that Fido will be with you forever… give the auction a try.
I will pass.
Kentucky has Options for Statutory Pet Trust
I have a number of hunting dogs that provide both business and pleasure to me and my kids. They actually are a valuable asset of my business. Should I set up a Pet Trust for them?
Bo Paducah, Kentucky
Bo…Kentucky is in the minority of states in that there is no Statutory Pet Trust legislation that has been passed by your Commonwealth.
However, Kentucky was one of the early leaders in recognizing the desire of pet owners to prepare for the future of their pets.
In 1927, the case of Willett v. Willett, 247 S.W. 739 (Ky. Ct. App. 1923) was a landmark decision in that it was the first time an appellate court considered a will contest that arose as a result of a gift to an animal.
In Willett, the testatrix ( the one who wrote the will) devised her entire estate to her sister for life, then to her church with the exception of $1,000.00 which is to be used…
"for the support of our dog 'Dick,' if the interest is not sufficient for him to be kept in comfort, that is being well fed, have a bed in the house by a fire and treated well every day, that the principal be used to such a sum so it will last his lifetime. . . Dicky must have three meals daily..."
The trial court held the clause for Dicky's support to be invalid, because…
"(1) there is no trustee, and (2) a dog cannot take as a devisee under our law."
However, the Kentucky Supreme Court rejected these arguments, and stated that a trust should never fail for lack of a trustee. The court further reasoned that if no trustee was willing or able to serve, the court could appoint a trustee.
In addition, the Supreme Court interpreted the language of the will as creating a trust for the benefit of the dog, not as a gift directly to the dog.
The Kentucky court declared that a testamentary gift for the care of a specific animal is a humane purpose, and thus was valid under a state statute permitting testamentary gifts and trusts for charitable or humane purposes.
Finally the Court, set out its opinion on the difference between a charity and a humane purpose, stating that
"[c]harity extends to every one of a class, while . . . a humane purpose . . . moves a person to take care of or feed a single hungry person, bird or dog."
Thus, the Kentucky Supreme Court upheld the pet provisions in Willett because of an express statutory provision permitting trusts for humane purposes.
Even though you are in a state that has not authorized a specific Statutory Pet Trust, you can still plan to provide for the care of your pets with the preparation of the correct legal documents. There are alternate methods that will be accepted and approved by the courts.
We have discussed those options before.
Review them and discuss them with your family, attorney, financial adviser and accountant.
Then make a plan.
When Is the Right Time to Let Your Pet Go?
Both online and in daily life, I have a lot of regular contact and interaction with various attorneys throughout the United States.
I do not know why, but it never ceases to amaze me on the number of professionals that are also pet owners and lovers.
Although the focus of our writing usually is to provide for the planning for your pets after your demise, many times, unfortunately they will die before us.
A recent post from a fellow attorney outlined his agony over the impending death of his long time companion and he questioned as to when and how he would know the correct time to let his pet move on.
The responses were both informative and supportive of his unenviable position.
I thought I would share some of them with you, as many of us will ultimately face these same decisions.
"Are we causing him pain (he does not show pain) and discomfort by keeping him with us? Are we keeping him alive for us (it is very hard to let these darn little creatures go) and am hurting him in the process. He, like all living things, want to live, chase squirrels and play... but has a finite time among us. As set in the comment, he is not showing pain but is very lethargic. The vet said we will not get a "bright shining light from heaven" to tell us it is time. I feel that, as long as he can get up, eat, eliminate, enjoy short (veryshort) walks he stays, but are there other thoughts…"
Art
"I'm with the "keep him with us until he's in pain" camp. Contrary to what the vet said, I believe you WILL get a sign that it's time."
Marilou
"If there is no quality of life for the animal, then frankly I think it's unfair to simply prolong its life so you don't have to do something as painful as euthanizing him. Trust your gut...you'll know when the time is right both for you and him. Don't wait too long though. It's not fair to either of you. I hope this helps. My thoughts are with you."
Scott...
"You'll know when the joy is gone and the pain is in control. Not a bright shining light, just one morning you'll know. Listen to your heart. My only advice: stock up on a pain prescription, so that you can ease the pain at the end if your vet is not readily available."
Rebecca
"I agree with Marilou. Having lost many dogs over many years, they each told me when life just wasn't fun anymore. I never even had a doubt - they spoke eloquently in their silent appeal to stop the pain. They each went to sleep with their heads in my lap as I stroked them. It is a dog lover's final act of love to let them go. Even though you cry a river every single time."
Sharon
"I know believe that I will always know when it is time. You, as the owner and companion, will know. There is a connection between you and your loved pet and he will let you know."
Sheila
I have no conclusions to offer with this.
No clear cut rules to follow.
I only provide some suggestions from other pet owners on how to approach this difficult time of indecision and pain in your life.
Funding Options for Your Pet Trust
The bigger issue is when we talk about the final funding of the Trust for the benefit of your pet.
There are number of ways that you can ultimately transfer assets into the Trust.
The most obvious way is simply to have a certain cash amount transferred to the Trust while you are alive. The Trust is funded and will grow with accumulated interest.
The down side is that the use of the money is gone from your individual control until your death (assuming that you do not revoke the Trust).
You may also add funds to the Trust with a “pour over provision” in your will and designate specific source of the funds.
Another alternative can be the use of a Payable on Death Account.
This account is in your name individually and also in the name of the Trustee. Upon your death, without any probate process, the money should transfer to the Trustee for the benefit of your Pet Trust.
You can also purchase a life insurance policy and name the Trustee as the beneficiary of the proceeds.
This beneficiary method can also be successfully used with other forms of personal property, Individual Retirement Accounts, annuities, 401 (k)’s, corporate stock (both private and public), limited liability memberships and bonds of all types. Even rarely, in some circumstance, real estate may be used.
Remember that most, if not all of these actions, involve some type of tax implication and you need to discuss this with your financial adviser and accountant before choosing the proper course of action.
Then, of course, you will need to follow up with your estate attorney or insurance and stock brokers to verify the correct language that will be needed to be used for all of these avenues to secure the results that you require.
You have a number of options to fund your Pet Trust… make sure that you have a Trust to fund.
Include your Veterinarian in your Estate Plans for Your Pet
Certainly, your own family members, the potential trustee and the potential caretakers of your pet must all be in accord with your plans and wishes.
Your estate attorney and financial planer also need to be involved to make sure that your documents conform to the legal and financial standards.
But, don’t forget to meet with your Veterinarian.
Very few individuals have the same insight about the health and well being of your animal as your pet’s own Vet.
A discussion with him or her during your estate planning process can assist greatly.
Medical records and the future potential needs of your pets can be outlined for the caretakers.
Special dietary schedules or exercise or medication routines can be easily established for future reference.
You and your Vet can discuss the potential time line for the duration of the life of your pet. This can provide some guidelines for the total costs that will be necessary for the care of your pet and the necessary funding of the Pet Trust.
Your Vet can also play an integral role in the transfer of physical custody of your pet to the caretaker on a temporary or permanent basis and is indispensable when the final arrangements must be made for inevitable death of your pet.
Talk to your Vet on behalf of your pet.
It is a necessary part of your overall estate plan..
Don't Forget to Fund Your Pet Trust
Nathan Gene Stone, Mississippi
Nathan, once you have set up your Pet Trust you need to at least fund it with a minimal amount of money.
For the Trust to take effect, some assets must be transferred into the Trust.
Not everyone understands that the grantor (you as the pet owner) must take some affirmative steps to transfer at least some assets and fund the Trust. Merely executing the Trust itself will not cause the Trust to become funded. You must actually transfer legal title to the Trust.
The transfer is from you as an individual to the Trustee, even if you are also the Trustee.
You need to be clear that any activity that you take is as, “Nathan Gene, Trustee of the Annika the Afghan Hound Trust,” or whatever is the correct designation.
These actions, whether money transfers or whatever needs to be completed on behalf of the Trust and should be by the Trustee and not you as an individual.
You need to discuss all aspects of correctly funding your Pet Trust with your legal counsel to ensure complete accuracy.
The first step is draw up the Trust...then you are on your way to protecting your pet's future.
Military Power of Attorney for your Pet
We have discussed the basics of the use of a Power of Attorney for your pets.
These documents may be used immediately or have a springing (future event) use and may be established to be used on a temporary or permanent basis.
If you or a friend or relative are in the military, a Military Power of Attorney can be prepared that will provide for your pets while you are on active duty.
The United States Code, Title 10, Armed Forces, Section 1044 b provides for Military Powers of Attorney.
The Code provides in part…
A military power of attorney is exempt from any requirement of form, substance, formality, or recording that is provided for powers of attorney under the laws of a State; and shall be given the same legal effect as a power of attorney prepared and executed in accordance with the laws of the State concerned.
For purposes of this section, a military power of attorney is any general or special power of attorney that is notarized in accordance with section 1044a of this title or other applicable State or Federal law.
Under regulations prescribed by the Secretary concerned, each military power of attorney shall contain a statement that sets forth the provisions of subsection (a).
…shall not be construed to make inapplicable the provisions of subsection (a) to a military power of attorney that does not include a statement described in that paragraph.
In this section, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and a possession of the United States.
A Special Military Power of Attorney for Pets can designate an individual or individuals to care for and maintain your pet (s) during your absence, and authorize any and all medical care necessary, including major surgery and humane disposal, as deemed necessary by the Veterinary Service:
The Military Power of Attorney can be for a time certain or until written revocation.
Or, as an alternative, The Military Power of Attorney can also be set up to state that if the Declarant shall be, or has been, carried in a military status of “missing”, “missing-in-action” or “prisoner of war,” then the power of attorney shall automatically remain valid and in full effect until sixty (60) days after the individual has returned to the United States Military control following termination of such status.
In these times of world turmoil, war and uncertainty, it may seem alike a small detail, to take the time to prepare a Military Power of Attorney for a pet.
However, to some, their pets are their only or their closest family. They want and need to take the time to plan for their future if at all possible.
A gift of a Military Power of Attorney for a pet owner that you know would be a small thank you to them for their service to your country.
Pet Owners Can Be Responsible Tenants
I am in the process of moving to a new apartment. I know that you have written before about pet rules in condominium associations, can my landlord also place restrictions on me and my new best friend, my cat Abigail?
Chris, San Diego, California
Chris, we have written before, here, generally about rules and regulations that can be, and are usually imposed upon pet owners of condominiums.
Although case law in each state may vary, within reason the landlord can restrict and in some cases, even entirely prohibit, the occupation of condo, a single family residence or an apartment by a pet.
We have noted before that Hawaii is one of the more aggressive states with individuals advocating for animal owner’s rights.
The Hawaiian Humane Society, has an article that suggests that pet owners plan ahead for their moves and be proactive with their new landlords to alleviate potential problems with their animals.
Some of their suggestions are…
"...Make your request to have a pet to the individual or group who has the ultimate authority to grant you permission. Usually, this will be the owner of the house or apartment. The owner may, however, delegate the decision to a property manager or resident manager. Check to see if, in addition to your own landlord’s approval, you must also submit written request to the building’s board of directors or a pet committee.
Invite the landlord to “interview” your freshly groomed, well-behaved pet, possibly at your current home, to show that your pet has not caused any damage.
Provide your landlord with letters of references from previous landlords.
Responsible pet owners take good care of their pet’s health. Offer copies of health certificates showing that your pet’s vaccinations are up-to-date, and maintain an active flea and tick control program.
Have your pet spayed or neutered. An altered pet is less likely to create a nuisance.
Offer to sign a pet addendum to your rental agreement that makes you responsible for possible damage to property, injury to others, or any pest infestation caused by your pet.
Let the landlord know that you keep your cat inside and your dog under control at all times and that you understand the health and safety benefits of doing so.
If you are seeking a rental unit in a condominium, request a copy of the building’s house rules pertaining to pets. Let the landlord know that you will abide by the rules set for the broader community and respect the concerns of residents who do not own pets.
Once you obtain permission to have a pet, be sure to get it in writing. If your lease has a “no-pets” clause in it, simply getting verbal permission is not enough. The “no-pets” clause should be crossed out of the lease before you sign it and be sure it’s crossed out on the landlord’s copy, too..."
This list is by no means comprehensive, but it is certainly a good starting point for you and your prospective landlord to make sure that you are on the same page before you make a new move with your pet.
Be a responsible tenant and a responsible pet owner.
Use Door Signs for Emergency Pet Information
We try to discuss and address all issues of planning for the well being of your pets.
Estate Planning.
Emergency Powers of Attorney.
Caretaker and Trust arrangements.
Today, we remind you that your home is obviously also the home of your pets.
They deserve a safe haven as much as you.
But, you have the ability to plan and help yourself in an emergency situation and they do not.
One simple way to minimize emergency problems for you and your pets is the use of signage for your doors and windows.
These small signs act as both a warning and an alert for others.
They advise strangers entering your home that there are pets present inside.
And, in an emergency situation, as in the case of police or firefighters in your home, the signs can act as a direction arrow to increase safety measures.
In addition, these signs can contain emergency contact information for the pet owners, veterinarians, pet sitters and others.
Two free sources for this documentation are the Humane Society and PetPlace.com
You can go to these sites, download and print the stickers for free and then…use them.
Planning for you and your pets…everyday and emergency…it is a good idea.
Full Moon Drive Your Pets Crazy?
We have all heard the anecdotal stories from hospitals, news outlets and police reports stating that a full moon always brings the “crazies and loonies’ out of the woodwork.
We have even personally observed bizarre behavior and said, “Must be a full moon.”
Well, I recently came across a study completed by the American Veterinary Medical Association.
Although the report was originally published last year, I found it to be very interesting.
The study was completed by Raegan J. Wells, DVM; Juliet R. Gionfriddo, DVM, MS, DACVO; Timothy B. Hackett, DVM, MS, DACVECC; Steven V. Radecki, PhD Veterinary Medical Center, Department of Clinical Sciences, College of Veterinary Medicine and Biomedical Sciences, Colorado State University, Fort Collins, Colorado.
The purpose of the study was to determine the frequency of canine and feline emergency visits with respect to the lunar cycle.
The study was based upon the clinical records of 11,940 dogs and cats that were evaluated on an emergency basis during an 11-year period.
The emergency types were categorized as animal bite, cardiac arrest, epilepsy, ophthalmic, gastric dilatation-volvulus (a twisting of the digestive tract that leads to partial or complete obstruction and a reduction in blood supply), trauma, multiple diseases, neoplasia (the formation or existence of tumors) or toxicosis (the harmful effects of a poison, including any disease).
The results were…
“Of 11,940 cases, 9,407 were canine and 2,533 were feline. Relative risk calculations identified a significant increase in emergencies for dogs and cats on fuller moon days (waxing gibbous to waning gibbous), compared with all other days.”
The study went on to report…
“The results suggested that more emergency room visits occurred on fuller moon days for dogs and cats. It is unlikely that an attending clinician would notice the fractional increase in visits (0.59 and 0.13 more canine and feline visits, respectively) observed in this study at a facility with a low caseload. If the study is repeated at a facility with a robust emergency caseload, these results may lead to reorganization of staffing on fuller moon dates.”
So the next time that your dog howls, without any obvious reason, at the full moon, maybe it is more than a coincidence.
Lunar cycle effects causing injury or illness to your pets?
Who knew?
Maybe we need to watch our pets a little more carefully during a full moon.
I dunno…can’t hurt, can it?
Support Your Local No-Kill Animal Shelter
I had the pleasure this past week of meeting with Mr. Andy Reed, the Director of Development for The Humane Society of Naples.
Over a cup of coffee, we discussed the challenges of his organization and others like his, in a similar position, during these times of uncertainty and the apparently declining economic climate.
Andy pointed out that the vast majority of funds that come into the shelter are from private individuals and animal lovers in general.
“We are very pleased that The Humane Society of Naples is Collier County’s only physical no-kill animal shelter,” said Reed. “We do our best to work with owners and prospective adoptees to place the animals that we receive in a good and safe environment.”
Reed said that they have established a “Remaining Best Friends” Program at The Naples Humane Society.
Andy and this staff will work with families, their financial advisers and their estate planning attorneys to help guide and shape the future of their pets.
Reed suggest to all animal owners, that they follow at least three simple steps for their pet's future;
Set up a plan for an emergency caregiver for pets using the appropriate legal documentation and instructions for necessary care.
Use a will to properly provide for the long term care of pets after the owners are no longer around to do so.
Set up a Pet Trust that can be used for the pet if the owner becomes incapacitated or ill during their lifetime.
Northern Trust recently published a survey of wealthy families. In Wealth in America 2008, Findings from a Survey of Millionaire Households, they reported that charitable giving among families with $10,000,000.00 to invest decreased dramatically from 2005 to 2006.
Many individuals (42%), not surprisingly, reported in the survey that they supported causes in which they personally believed.
The survey also reported that 60% of those families would eventually give 10% or less of their estate assets to charities. One-half of that same group plans on no charitable bequests at all, from their estate assets.
Reed told me that approximately 30 to 40 % of the private support for his shelter comes as gifts from estates.
Your monetary support is invaluable to animal shelters.
Your monetary support is absolutely necessary to maintain animal shelters.
We often outline the vital components of estate planning for your pets, here and here.
You will need to choose a beneficiary who will receive any remaining funds that are not used by the Pet Trust.
If you designate an animal shelter as that alternate beneficiary, you can be sure that you provide the necessary care and protection for the well being of your pet and, just maybe, leave a legacy as well.
Burial, Cremation or Alkaline Hydrolysis for Your Pet?
We have discussed before, here, that one issue to consider as a key component of your Pet Trust drafting is the final disposition of your pet.
After you are long gone, eventually your pet will also die and someone or some entity will be responsible for following the final directives that you have set out in your Pet Trust or will.
We usually talk about two options after death; burial or cremation.
However, recently the web is a buzz about a new option…dissolving bodies in lye and flushing the brownish, syrupy residue down a drain.
BioSAFE Engineering LLC, located in the small town of Brownsburg, Indiana, is producing cylinders for a process called alkaline hydrolysis.
According to the BioSAFE website…
...Alkaline hydrolysis is a process of an elevated temperature and pressure to convert the proteins, nucleic acids, and lipids of all cells and tissues, as well as infectious microorganisms, to a sterile aqueous solution of small peptides, amino acids, sugars, soaps, and electrolytes. The alkali itself is consumed in the process by generating the salts of the hydrolysis products. The only byproducts of the process are the mineral constituents (ash) of the bones and teeth of vertebrates. These are soft enough after the organic matter has been degraded to be easily crushed (even by bare hands) and recovered as calcium phosphate powder (sterile bone meal).
The WR2 Tissue Digestor™ consists of an insulated stainless steel pressure vessel with a manually or hydraulically clamped lid. The unit is supplied with a basket to contain bone remnants. All wetted parts are 316-L stainless steel alloy, and all vessels are ASME pressure rated and certified. All electrical components are built according to NEMA standards. The system is fully automated; allowing unattended operation after the unit is loaded...
What does this mean?
The equipment that they manufacture provides the access for a process that converts animal, human, and microbial tissues into a sterile, neutral, aqueous solution suitable for disposal to a sanitary sewer.
Apparently the time and cost for this procedure depends on the size and weight of the human or animal being processed.
The Associated Press recently reported in a story by reporter Norma Love that
..."No funeral homes in the U.S. — or anywhere else in the world, as far as the equipment manufacturer knows — offer it. In fact, only two U.S. medical centers use it on human bodies, and only on cadavers donated for research.
But because of its environmental advantages, some in the funeral industry say it could someday rival burial and cremation.
"It's not often that a truly game-changing technology comes along in the funeral service," the newsletter Funeral Service Insider said in September. But "we might have gotten a hold of one."
Currently, only the states of Minnesota and New Hampshire have legalized this process for humans.
Apparently, some 40 to 50 facilities use the cylinders developed by BioSAFE on human medical waste, animal carcasses or both. The users include veterinary schools, universities, such as the University of Florida (for cadavers) pharmaceutical companies and even the U.S. government.
The liquid residue from human tissue and animal carcasses can simple be poured down the drain.
I am not, in any manner, advocating the use of the process.
The thought of pouring my pet down the drain is a little appalling.
However, many people retain the ashes from a cremation of both humans and pets and place them on the mantle or a shelf.
I am not sure how much different this would be…a little decorative bottle, rather than an urn.
I don’t know…
It is your choice.
I am just presenting another viable option for your consideration.
Estate planning for your pet. Think about it, discuss it, make some decisions and then act on your plan.
Pet Value Issue is Raised Again
The Associated Press reported a story that once again touches on the value of a pet to its owner and family.
Is it only personal property, as originally defined by the courts and the legislatures?
Only an object, like a chair, a book or a car radiator?
Certainly not to the owner of the pet.
But, as the law slowly continues to evolve, as we have noted here and here, the only recourse for a distressed pet owner may be for the dollar value and not the emotional value of the loss.
In Duluth ,Minnesota, the driver of a 1997 Honda Civic that struck and killed a dog near Cloquet is suing the dog's owners for damage done to his vehicle.
According to the reported story,
“Jeffery Ely was driving on the night of Jan. 4 when Fester, a miniature pinscher, squeezed past owner Nikki Munthe as she was letting in her other dog and ran out onto the road. Ely's car struck Fester, killing the 13-pound dog instantly.
Now Ely is suing the Munthes for about $1,100 for damage to his car, time he had to take off from his two jobs to get the car repaired, and court fees.
Pieces of the bumper were propelled into the radiator when it hit the dog, Ely said, necessitating a replacement. Ely maintains he didn't have problems driving until after the accident and that the radiator issues were not pre-existing.
Ely said he feels sorry for the Munthes' loss but, as a dog owner himself, feels that they must be responsible for their pets' actions.
"I have complete compassion for them," Ely said. "I know how it feels. I love dogs. But once you get them, they are your responsibility."
The story further provides that the pet owners have filed a $2,400.00 countersuit against Ely for the cost to buy Fester, the time they had to take off work for court appearances, and the cost of buying a dog to replace Fester.
Clearly as the owners, their loss far exceeds the dollar property value of their pet and any replacement. However most state laws still restrict their ability to be fully compensated.
It remains to be seen if there are other legal issues to be raised in this case. Is there a local leash law and if so, was it followed, where did the accident occur in the roadway, was the driver distracted or inattentive or was this simply an unfortunate accident?
We will try to follow up with this case and advise.
Meanwhile, you are responsible for your pets and their future.
Accidents will happen, but obey the local laws for your pets.
Protect them.
Plan for their future.
Remember Mr. Ely’s comments… once you get them, they are your responsibility.
No Pet Trusts in Connecticut
I live in Barkhamsted, Connecticut and have a two year old Otterhound named Oscar. Can you tell me if my state recognizes pet trusts?
Kacey
Kacey, we went straight to the source on this one.
According to Sandra Norman-Eady, Chief Attorney, during the 2005 regular session of the Connecticut General Assembly, an Act Concerning the Creation of Trusts for the Care of Domestic Animals, was introduced to the legislature.
“The bill authorized trusts for the care of domestic animals that are alive when the person who created the trust dies. It allowed a natural person, corporation, limited liability company, trust, partnership, incorporated or unincorporated association, or any other legal entity to be selected as trustee.
Under the bill, the trust would have terminated on the earlier of the following occurrences: (1) when the animal died, or if the trust was created to provide for the care of more than one animal, when the last surviving animal died; or (2) 90 years after its creation.
A person appointed in the trust could enforce it. If no one was named, the bill allowed a court to appoint someone to enforce it. It allowed a person having an interest in the animal's welfare to ask the court to appoint a person to enforce the trust or to remove a person appointed.
The bill specified that trust property authorized to care for an animal could be applied only for its intended use, except to the extent the court determined that the trust's value exceeded the amount required for the intended use. Except as otherwise provided in the trust, property not required for the intended use had to be distributed to the settlor, if living. (A settlor is the person who creates a trust and transfers property to it. ) Otherwise, it had to be distributed to the settlor's successors in interest. The bill permitted a trustee to be designated as the person who received the trust assets when the animal the trust benefits died.
The bill was referred to and voted out of the Judiciary Committee. However, it ultimately died in the Judiciary Committee upon recommitment by the Senate.”
No additional legislation has been passed in this area.
Therefore, Connecticut remains in the minority as one of only eleven states that does not recognize a statutory pet trust.
We have written before however, here , that you can still provide for your pet's future with an inter vivos trust or with a will provision in your current estate plan.
Contact your legislators if your want Connecticut to join the main stream of thought in this area.
With or without a statutory pet trust, you can do estate planning for your pets.
It is the responsible thing to do.
Fleas Are No Small Problem
We were on the BART train, underground in a tunnel, in San Francisco, when the dreaded “call missed” message appeared on the cell phone.
It was dreaded because the number indicated that the call was from our friends down the block at home, who were taking care of our dog, Anna, while we were away for a long weekend wedding.
As it turned out, the host dog had just been diagnosed and treated for fleas and the Vet had suggested that we needed to treat Anna as well.
All in all, a bad call, but not life threatening.
Or was it?
While not all areas of the country are faced with this tiny problem, we soon found that fleas feed on animal blood, more frequently in cats and dogs and can trigger problems including skin irritation, tapeworm, allergic reactions, anemia, the plague, typhus and in rare cases, death.
Jean Sanders of whowhatwherewhenwhy.com explains the basic problem with fleas and the inability to stop them…
"Fleas are probably the most successful creatures on the planet in terms of reproduction. There are over 2,400 species and they are difficult to control for a variety of reasons: One female flea will produce 25,000 offspring in one month. An unfed adult can live for several months. The chemicals used to eradicate adult dog fleas have no effect on the eggs. Fleas are very good at mutating to resist new pesticides.
Fleas are a menace to dogs! They cause allergic dermatitis, tapeworms, and anemia. Most of the eggs are not laid on the dog but in the dog's bedding, in the rug, and on the furniture. It is extremely difficult to eradicate fleas completely. The most you can hope for is to control them and to keep your dog reasonably comfortable during the warm, moist flea season."
There are numerous commercial products sold to pet owners to control fleas.
Generally speaking, these products may or may not be effective to control these insects.
Many pet owners use garlic or brewers yeast to attempt a more natural approach to the problem of infestation. Although again, their success rate is merely antidotal.
More frequent doggie baths are also recommended.
In any case, a seemingly mild case of irritation can eventually turn deadly if not properly and quickly treated.
In this case, estate planning for your pets includes seeking the necessary medical treatment plan from your Vet at the first sign of any flea problem.
Do not assume that the issue will simply resolve itself.
Remember, you are responsible for your pet.
Plan accordingly…
Rules and Regulations--Pets and Condos
Besides companionship and affection, many authorities cite medical benefits, as an added feature, that animal owners can derive from living with their pets.
The Center for Disease Control (CDC) states;
“…Most households in the United States have at least one pet. Why do people have pets? There are many reasons. Some of the health benefits of pets are listed below.
Pets can decrease your:
Blood pressure
Cholesterol levels
Triglyceride levels
Feelings of loneliness
Pets can increase your:
Opportunities for exercise and outdoor activities
Opportunities for socialization
Many groups support the health benefits of pet ownership. You can learn more about the health benefits of pets and how to keep your pets healthy by visiting the following sites…”
However, many pet lovers do not live in a single family residence, but reside, or want to, in a condominium community.
They may have lost a spouse, want to downsize their living space or simply no longer wish to keep up the regular tasks associated with home ownership including lawn care, pool treatment or regular maintenance duties.
But many pet owners have discovered that most, if not all, condominium associations either totally ban or severely restrict the ability to have a pet.
Although many pet groups are attempting to change the laws in their state regarding the restriction for pets in condo communities, currently California is one of the leaders in this legislation.
In effect since January 2001, the law now provides that no governing documents shall prohibit the owner of a separate interest within a common interest development (co-op, condominium etc.) from keeping at least one pet within the common interest development, subject to reasonable rules and regulations of the association. This section may not be construed to affect any other rights provided by law to an owner of a separate interest to keep a pet within the development.
A pet is defined as any domesticated bird, cat, dog, aquatic animal kept within an aquarium, or other animal as agreed to between the association and the homeowner.
In addition, if the association implements a rule or regulation restricting the number of pets an owner may keep, the new rule or regulation shall not apply to prohibit an owner from continuing to keep any pet that the owner currently keeps in his or her separate interest if the pet otherwise conforms with the previous rules or regulations relating to pets.
Governing documents include, but are not limited to, the conditions, covenants, and restrictions of the common interest development, and the bylaws, rules, and regulations of the association.
If you are a pet owner and considering a move into a condominium community, make sure that you carefully review the Declarations and Restrictions that govern the community as well as the Rules and Regulation of the association as they may affect your pet ownership.
You certainly do not want to enter into a purchase agreement and then find that your pet cannot move with you.
You should also check your respective state legislature for proposed or pending legislation regarding these restrictions and become involved to change the laws if you so desire.
Remember, be proactive, provide and plan for your pet’s future.
Pet Power of Attorney or Health Care Proxy?
Beau Aliceville, Alabama
Beau… good question.
Your Power of Attorney can specifically acknowledge ownership of any of your pets, provide identification via a v-chip or natural markings and set out in great detail the exercise and feeding habits of Danny (good name by the way). If you become incapacitated, the Agent named in the Power of Attorney will know exactly what regime to follow.
Your Pet Power of Attorney should also grant the Agent the sole and exclusive right to take temporary custody and control of Danny or to appoint someone else, perhaps better equipped to do so. This alternate may be your Vet or a pet hospital.
You need to provide for some type of access to money for the Agent, to take care of your pet when you are unable.
As to your specific question, although I have never personally encountered this problem, I have heard of a situation where a Vet for whatever reason would not accept the Power of Attorney appointment as providing the necessary consent for medical treatment. The Vet advised that he would have treated the animal in an emergency situation, but not otherwise.
As you are aware many individuals have both a Power of Attorney and a Health Care Declaration appointment in their estate planning package for someone to make medical decisions on their behalf for exactly this reason...so there will be clarity and no indecision of treatment.
Perhaps, as out pets move more into the family circle, we will need to provide more complete documentation for third party acceptance.
Sometimes change can be good… and sometimes change can…
No Pet Trust In Delaware?
Although pet lovers in Delaware have been trying for over five years, the legislature has consistently failed to pass a Statutory Pet Trust in that jurisdiction.
Nevertheless, pet owners in Delaware are not out of options in the event that they want to provide estate planning for their pets.
Professor Gerry W. Beyer is a faculty member of the Texas Tech University School of Law. Professor Beyer is an invaluable source and resource for all involved in the field of estate planning for animal owners. His website is full of updated information regarding this area.
A prolific author and public speaker, Dr. Beyer writes that the “traditional pet trust” is effective in all states, even those without the Statutory Pet Trust.
According to Professor Beyer,” Many pet owners will prefer the traditional pet trust because it provides the pet owner with the ability to have tremendous control over the pet’s care. For example, you may specify who manages the property (the trustee), the pet’s caregiver (the beneficiary), what type of expenses relating to the pet the trustee will pay, the type of care the animal will receive, what happens if the beneficiary can no longer care for the animal, and the disposition of the pet after the pet dies.”
If you live in a state that has not authorized a specific Statutory Pet Trust, you can still plan to provide for the care of your pets with the preparation of the correct legal documents. There are alternate methods that will be accepted and approved by the courts.
College in the Future for your Pet?
One alternative to the use of a Pet Trust is to make a bequest in your will to support a specific college or university in exchange for the care of your pet.
The School of Veterinary at Purdue University in Lafayette, Indiana has developed a complete program that is called the “Peace of Mind “program for pet owners.
In exchange for the monetary bequest, the school will agree to work with agencies and veterinarians in their area to ensure a new home for your pet and also provide for the necessary medical costs and needs for the lifetime of the animal. There is also continued monitoring with follow-up with the new owners of your pet and their veternarian.
The program will work with your attorney to make sure that the appropriate clause is included in your will for estate planning purposes and to make the necessary arrangements upon the death of the owner.
The School states that the Peace of Mind program helps the School fulfill its mission of addressing the health care needs of animals and educating future veterinarians. This purpose is accomplished through the treatment of patients in their Veterinary Teaching Hospital; education of the veterinary team; and scientific investigation of animal diseases -- their causes, treatments and cures. See the program specifics, here.
The downside, if any, to this program is the expense.
Purdue requests a charitable contribution to the School in the amount of $25,000.00 for each pet.
At least it is tax deductible and you won’t be around to complain.
Yes Virginia, there is a state Pet Trust
Does Virginia have pet a trust law? I am concerned about my little dog, Alice, who is an Affenpinscher.
Maybelle, Manassas, Virginia
Yes, Virginia…sorry I could not resist…yes, Maybelle, Virginia does have a Pet Trust Statute. However, I have to admit that I knew that, but I had no idea what an Affenpinscher was until I looked it up.
The Animal Welfare League of Arlington Virginia reported that in 2006,
“Virginia proudly joined 37 other states with a pet trust statute. This means that Virginia is also a little late to the game, but at least now Virginians can rest assured that their furry friends will be taken care of in case something ever happens to the pet's guardian. Pet owners may now designate a caretaker for their pet(s) and a trustee who ensures that the money is spent on the pet. Previously, if a pet's guardian passed away and left money in their will to take care of the pet, anyone could contest the provision and the pet could find himself in the shelter -- no cash, no home, no guardian. This statute puts an end to this injustice."
In its 2005 Session, the Virginia General Assembly enacted Senate Bill 891, the Uniform Trust Code (“UTC”), with modifications.
It provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal.
The instrument creating the trust shall be liberally construed to bring the transfer within the scope of trusts governed by this section, to presume against the merely precatory or honorary nature of the disposition, and to carry out the general intent of the transferor.
A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court.
Except as ordered by a court or required by the trust instrument, no filing, report, registration, periodic accounting, separate maintenance of funds, appointment, or surety bond shall be required by reason of the existence of the fiduciary relationship of the trustee.
Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use.
Except as otherwise provided in the terms of the trust, property not required for the intended use shall be distributed to the settlor, if then living. If the settlor is deceased, such property shall be distributed pursuant to the residuary clause of the settlor's will if the trust for the animal was created in a preresiduary clause in the will or pursuant to the residuary provisions of the inter vivos trust if the trust for the animal was created in a preresiduary clause in the trust instrument; otherwise, such property shall be distributed to the settlor's successors in interest.
Those of you that are regular readers of this Blog will certainly note that the Virginia Pet Statute outline is very similar if not identical to other state Pet Statutes.
Euthanasia Battle for Pets Heats Up
The story focuses on the difference in philosophical beliefs of major animal rights groups including People for the Ethical Treatment of Animals (PETA), the Humane Society of the United States (Humane Society) and smaller, but vocal groups regarding euthanasia for pets, particularly at major shelters.
Some municipalities have enacted legislation for immediate or future no-kill goals for public and private shelters.
While this debate is not going to be quickly or easily resolved, we found some of the comments to the story to be very interesting and wanted to share some of them with you (the identification of the comments are self proclaimed and the comments are verbatim).
Tina Clark: Comment: “Please stop using the word "euthanasia" to describe the killing of healthy or treatable animals. Although it is common practice to use the word in this way, it is grossly incorrect. Webster defines euthanasia as "the act or practice of killing or permitting the death of hopelessly sick or injured individuals...in a relatively painless way for reasons of mercy." The vast majority of animals killed in so-called "shelters" and by PETA are neither hopelessy (sic) sick nor hopelessy (sic) injured. To use this word in this way perpetuates the idea that killing them is doing them a favor. It is not.”
RottieRuckus: Comment: “My area shelter, in a small city in New Hampshire, is a no-kill shelter. What that means for people looking to surrender less than desirable breeds of dogs (Pitts and Rotties, for instance) or older, big dogs is that the shelter refuses to take them. Until all the elements are assembled--readily available, affordable spay/neuter programs, buying only from COE breeders, or acquiring a dog from breed rescue groups or shelters, no-kill is a beautiful (sic) theory that fails in practicality.”
SharedThought: Comment: “One way to reduce animal euthenasia, (sic) would be to require that animals can only be sold to households licensed to buy them. Only households in which at least one adult member of the household has successfully completed a course about the proper care of animals, could be licensed. And, licensed households that fail to deal with animals responsibly, (sic) could lose both their animals and their license.”
CVHumane: Comment: “The final issue not talked about in this article, is the meshing of the "No Kill" with the spay/neuter emphasis. In addition to the ramping up of a volunteer corps and outreach programs, spay/neuter is very much a major component of the No Kill movement just as it is for PETA and the Humane Society of the United States. There should be no conflict in this. It is not either/or, it is both controlling births and finding loving homes for homeless companion animals.” C.Vreeland, President, Humane Society of Greater Kansas City
Interesting, emotional thoughts on this issue…
Where do you stand? Let us know…
Plan for your Pet's Medical Emergency
We all need to be responsible pet owners.
We owe it to our pets.
This includes all phases of planning for your pet and potential emergency situations should be included.
When our dog Anna was very small, she darted out into the street and ran into a car.
It was about seven o’clock in the evening.
It was immediately obvious that she was injured and needed medical attention and certainly her vet was not available at that time.
Fortunately, we had taken the time when we first brought her home to learn about the hours and location of our local emergency pet hospital. We took her there and discovered that her injuries were minimal. She received immediate treatment and we were home by late that evening with a puppy that was more afraid that hurt.
We were lucky. We had planned ahead and did not spend precious time looking for emergency services or searching for the correct address or phone number.
We were certainly worried, but we had planned ahead and could react accordingly.
The site ilovedogs.com , has a good article entitled, How to recognize a Dog Emergency, it states in part;
“…For many of us, when our dogs are ill, it is often quite difficult to know whether or not their condition warrants a trip to the emergency room.
In an emergency, the first thing you should know is where to take your dog. Many veterinarians offer 24 hour emergency service. Please make sure to ask your vet if this is a service offered by their practice. If your vet does not offer this service, know where your local veterinary emergency hospital is located.
So how do you know if you are experiencing an emergency? Most veterinarians will tell you that if you feel the situation is urgent to please call the closest emergency clinic and speak to a veterinary staff member. They will assess the situation and in most cases, have you bring your dog in to be examined. The following are some common emergency situations and ideas for how to handle them…”
The article further states that the common emergencies seen by most pet owners include;
- Acute abdominal pain
- Broken bones
- Breathing difficulties
- Uncontrollable bleeding
- Convulsions
- Vehicle accidents
If your dog is hit by or runs into a vehicle, you need to be particularly aware that there may well be internal injuries that are not obvious to you.
A trip to your vet or emergency pet hospital is definitely in the best interest of your pet to make sure that there are no unknown injuries.
Obviously all of these issues regarding pet emergencies apply to all of your pets and not just your dog.
We want you, as a responsible pet owner, to plan for the future of your pets.
Responsible planning also includes knowing how and where to react to medical emergencies involving your pet.
