Air Travel With Your Pet Requires Some Planning
Ahhhh. Labor Day weekend.
Back to school for most.
Three-day weekend for all.
End of summer.
Many of us will take advantage of the holiday to do some traveling.
Many of you travelers will take along your favorite pet companions.
If you are planning to fly, you need to know the rules of the air.
The American Kenne Club posts some tips for pet owners:
"When traveling by plane, plan to visit your veterinarian before your trip. Certification of health must be provided no more than 10 days before travel. Rabies and vaccination certificates are also required. Your dog should be at least 8 weeks old and weaned.
Airlines make it clear that it is the owner's responsibility to verify the dog's health and ability to fly. Also be sure to check the temperature of the flight's starting point and destination; it may be too hot or too cold to be safe for your dog.
Federal regulations prohibit shipping live animals as excess baggage or cargo if an animal will be exposed to temperatures that are below 45°F or above 85°F for more than four hours during departure, arrival, or while making connections. (Some airlines have additional temperature regulations for snub-nosed dogs such as Pugs and Boston Terriers.)
Remember that each airline has its own variations on regulations and services. For example, if your crate doesn't meet its requirements, the airline may not allow you to use it. They may, however, allow your dog in the passenger cabin if your crate or carrier fits under the seat in front of you.
When making your reservations, you must make reservations for your dog. There are restrictions on the number of animals permitted. They are accepted on a first-come, first-served basis..."
You may view their website here to see all airlines rules and restrictions for pet travel.
Whether you stay at home and chill or travel. Be safe and enjoy the weekend with your family and your pets.
What is The Value of A Guide Dog?
I recently read an interesting exchange between attorneys, regarding the issue of whether or not a guide dog in training, was afforded the same statutory rights, protections and privileges as a guide dog.
Every state has a least one statue regarding the use and protection of guide dogs or service animals as they are often called.
For example, California law is clear in that “Housing providers have an affirmative obligation to engage in an interactive process with a tenant or prospective tenant who requests that his/her service animal be permitted to reside with him/her in the subject housing accommodation and provide that reasonable accommodation, absent a specific legal justification for not granting the request.”
This led me to do a little research on Florida Statutes.
We have discussed here and here the current dichotomy in the courts between the treatment of pets as simply personal property and as a member of the family with emotional value, as well.
Florida Statute 413.081. Interference with or injury to a service animal; penalties; restitution, provides an interesting insight into that argument in that:
"(2) A person who, with reckless disregard, injures or kills, or permits a dog that he or she owns or is in the immediate control of to injure or kill, a service animal commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(3) A person who intentionally injures or kills, or permits a dog that he or she owns or is in the immediate control of to injure or kill, a service animal commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4)(a) A person who is convicted of a violation of this section, in addition to any other penalty, must make full restitution for all damages that arise out of or are related to the offense, including incidental and consequential damages incurred by the service animal's user.
(b) Restitution includes the value of the service animal; replacement and training or retraining expenses for the service animal and the user; veterinary and other medical and boarding expenses for the service animal; medical expenses for the user; and lost wages or income incurred by the user during any period that the user is without the services of the service animal."
It is interesting that this statute provides for additional compensation to the animal owner, in addition to the actual value (personal property) of the animal.
Another stature that is influencing the changes in pet law?
Maybe pets are not merely personal property after all.
How Much Money Is Needed to Fund My Pet Trust?
I am in the early stages of thinking about a pet trust for my cat, Alabaster. How much money will I need to put into the trust?
Shelby Carmel, Indiana
Shelby, just about anyone that you ask will have a different answer to this question.
Attorney Nancy J. Burns, of the firm of Schwartz Manes Ruby & Slovin of Cincinnati has set the following guidelines:
"To determine how much money to put into (“fund”) your pet trust, consider the following:
• life expectancy of your pet
• cost of current or future medical treatment
• trustee fees
• whether or not to compensate the caregiver
• cost of basic care items such as food, medication, and grooming
NOT TOO LITTLE, NOT TOO MUCH
You will want to set aside enough so that the trust does not run out of funds during your pet’s lifetime, but not so much to cause your heirs to contest your trust. If you put too much property in the trust, a judge may determine that the value of the trust property exceeds the amount necessary to care for your pet and order that the excess property be given back to the person who created the trust or to others named in the trust, or according to your estate plan.
NOW OR LATER
You can fund your pet trust during your lifetime or after your death. Your pet trust needs assets in it to pay for the care of your pet. If you fund your trust during your lifetime there will be assets immediately available to care for your pet if you become disabled or die. If you do not fund the trust during your lifetime and you become disabled, there would be no funds in the trust to care for your pet. If you died before funding the trust, assets may first have to pass through probate causing a delay before your trust receives funds to care for your pet."
For additional information, you may go to her website here.
We will offer differing opinions and attitudes regarding pet trust funding for your review and consideration in the future.
Shelby, at least, you are in the initial stages of planning and that is the key to protecting your pet in the future.
Pets and Storms May Not Mix
While my home is in its fifth day of rain as literal fallout from tropical Storm Fay, all and all we survived with minimal damage.
It was the first big storm test for our Cavalier Anna and she exhibited no fear of the constant thunder or the never ending flashes of lightning.
Of course, she slept a lot during that time frame, so maybe that was her way of coping with the unknown and the expectant anxiety.
Many animals are not so unaffected and the fear of storms can be a real problem for pet owners.
Doityourself.com, offers the following tips if your pet has weather issues:
Expose your dog to a soft tape recording of a thunderstorm and flashes of light.
Speak to him in a soft, soothing voice to reassure him.
Give lots of positive reinforcement if the stays calm, such as bits of cheese, a slice of apple or something else that he particularly enjoys.
Over a period of time, increase the volume of the thunderstorm recording. If he reacts calmly, reward his positive behavior.
Do not yell or get angry with your dog if he reacts negatively to the thunderstorm recording or the flashes of light. If you work with him, he will eventually overcome his fears. If you react negatively, his phobia will worsen.
Do not introduce the storm stimuli too quickly, or you will defeat your purpose and the dog's phobia will worsen.
Be sure your dog has a crate in which he feels safe and secure. This will ease the anxiety level for some dogs. Line your dog's crate with soft blankets or allow him to crawl under a bed. Anywhere he feels safe is fine, as long as it meets your approval.
Never confine a dog that has a storm phobia to a crate. He can damage the crate and inflect severe injury upon himself. Leave the door of his crate open so he can come and go as he sees fit.
Be kind to your dog when he reacts negatively to storms, but do not coddle him or give him excessive attention. This will make the phobia worse.
Remember when you were younger and hid behind your mom, when the thunder boomed?
In fact, some of us are still very fearful of storms.
Well, try to imagine your pets and their anxiety during these weather events. Be aware, be gentle and, if need be, protect them.
On the other hand, for me, the dramatic weather is one of the reasons that I enjoy living and working in the southwest part of Florida.
Protect Your Pets In Emergencies
We are currently sifting through the final remains of Tropical Storm Fay.
It came ashore about thirty miles from here, around Chokoloskee Island (south of Everglades City) early Tuesday morning.
In my abode, we are lucky; most of this county is without power and cable.
We are going to be busy picking up and cleaning up for most of the next two days.
I though that this would be a good time to again remind all pet owners of some general safety tips regarding their pets and hurricanes, but most of this information applies to emergency weather conditions in general.
These tips on pet-friendly shelters come courtesy of FloridaPets.net
Why pet-friendly shelters?
1. As of 2006, they're required - or no FEMA funds to help
According to the Pets Evacuation and Transportation Standards Act (PETS) of 2006, state and local emergency preparedness operational plans must address the needs of individuals with household pets and service animals following a major disaster or emergency IF they want to qualify for grant $$$ from FEMA. The Act gives FEMA authority to help communities develop pet-friendly shelter facilities and practical assistance for individuals with pets and service animals, and the animals themselves, following a major disaster. Some counties think just saying they will not have a pet-friendly shelter until later and offering names of a couple of motels miles away on their Web site that "used to" accept pets is "addressing the needs." That is incorrect. Actually, the PETS Act does away with all the excuses from county and city governments without pet-friendly disaster plans.
While this is indeed progress, it has come at great cost. Laura Maloney, head of the Louisiana chapter of the SPCA, said as many as 70,000 pets were either killed or abandonded after Katrina left much of New Orleans under water in August 2005.
2. They're part of responsible pet guardianship
People who have pets are responsible for their health and safety and must have a plan during a disaster that includes those pets. That plan should not include leaving them tied to trees during the storms or left in empty house with a little food and water. As Hurricane Katrina showed all of us, the lives of both humans and their beloved pets depend on the humans being prepared, being smart and staying smart. Of the 70,000 pets who died or were abandonded as a result of Hurricane Katrina, only about 15,000 were saved and only 20 percent of those were reunited with their owners. The rest ended up in various shelters around the United States. Many are probably still wondering where their families went.
3. They're ethically correct. Pets are a barometer of our humanity
For many people, pets are part of the family. It's ethically vital to help people keep all members of their family safe. A 2006 survey found that 44 percent of those in New Orleans who remained at home did so because of a pet, while only 18 percent failed to evacuate because they wouldn't leave a family member behind.
Plan in advance.
Locate and pre-register with pet friendly shelters in your neighborhood.
You are responsible for your pets and their safety.
New Pet Projects Amid Tropical Storm Fay
We have a couple of things happening in the world of the pet owner at this time that are generating some excitement.
Last week, I spoke with Andrea Levine, the Associate Producer of the television show ,“Animal Planet”.
Check it out here, if you have not been viewing the programs.
Ms. Levine has asked me to assist her, if I can, with some background information for a future show segment.
I am please that she thought of us in this area and look forward to working with her.
In addition, I am going to meet with some entrepreneurial pet lovers to discuss a novel idea for the use of pet trusts and an expanded role for caretakers.
I do not mean to be secretive, but there currently is a confidentiality issued involved.
I will provide further information of this project when given the opportunity.
Finally, as I write this, Tropical Storm Fay is just leaving Cuba and heading toward south Florida.
Floridians have been warned to keep a close eye on this possible weather problem for the next 48 hours.
We are preparing to do whatever becomes necessary, if we are forced to react to adverse weather.
We have been here before and know the drill and routine.
Hope to contact you soon.
Florida Revocable Trust Gives Pet Owners Unwanted Twist
We are always searching for new ways and methods to protect pet owners from excessive liability for the actions of their animals.
Jacksonville Attorney David M. Goldman regularly writes his Florida Estate Planning Blog.
He recently had a very interesting post regarding the twists and turns of Florida Trust Law and the liability of pet owners.
He story and reasoning follow:
..."Seven weeks ago, I got a new puppy. I was thinking of a way to protect myself from Florida's Strict Liability for Dog Bites. Most states have a one free bite rule, but Florida does not and makes the owner of the Dog liable for all damage by the dog from the first bite.
In walks the Florida Revocable Trust. I began thinking that if you set up a separate revocable trust that owned the dog, you could transfer the liability of the dog's future actions to the revocable trust.
I began reading the Florida Statutes and sure enough the statute states that the "owner" is the party liable. Figuring that this must be too easy, I kept reading. It seems that when the state creates statutes, the often hide the real details in some other part of the statute. Sure enough after a few minutes I found that "Owner" as defined in the statute means any person, firm, corporation, or organization possessing, harboring, keeping, or having control or custody of an animal or, if the animal is owned by a person under the age of 18, that person's parent or guardian.
So while the trust would be liable as the owner, so would the person who the animal was staying with and the person keeping the animal, and the person in control or custody of the animal at the time of the attack.
So what did I learn from this exercise? You should be very careful when offering to take care of someone's pet while they are out of town as the person in control and / or custody is just a liable as the person or entity that owns the animal. More over your homeowners insurance may cover your liability as an owner, but I am not sure if they would cover damage caused by a pet that you did not own.
The only other way to protect yourself from liability is to have good insurance and / or protect your other assets..."
Some thoughts to ponder from Mr. Goldman.
Talk with your attorney and insurance broker if you are a pet owner in Florida.
Protect yourself and your pet.
Florida Court Changing Attitude Toward Pets?
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.
We discussed here that a Naples,Florida couple filed a legal action against their veterinarian for a “writ of replevin” for the return of their 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 chattel (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.
Well, recently a Florida court has provided an expansion of actions for pet owners. (Loli v. Mitvalski)
A Tampa court has held that although the Courts have historically held that pets are mere chattel or personal property, there may be exceptions.
In this case, the owner of a dog incurred over $4,000.00 in vet bills when her dog was attacked by another dog. The Trial Court awarded her the damages for the payment of the bills and the defendant argued that the amount of the award was excessive, as the total value of the injured dog was only $1,200.00.
The Appellate Court agreed with the lower court, upheld the judgment amount and wrote:
"However, as Appellee makes abundantly clear, we are not just talking about a car, a piece of land, or a database. Here, the subject "property" is a pet dog. (We acknowledge that it is not a seeing-eye dog or other specially useful dog). None of the case law submitted takes the instant facts into account. Given the emotional attachment that humans have with their pets, many feel that pets should not be viewed strictly as "chattel," and emerging case law supports a reevaluation of the traditional view...
We do not feel our decision here will open the floodgates of lawsuits seeking excessive damages for injured dogs..."
The legal world of pet owners is changing.
Even in old Florida.
Delaware Passes New Pet Trust Legislation
In May of this year, I wrote here that Delaware had no statutory Pet Trust, but that there were other options available for estate planning for pet owners, including the traditional pet trust
Now, Delaware has joined the ever growing list of states with a Statutory Pet Trust.
Professor Gerry W. Beyer is a faculty member of the Texas Tech University School of Law. Professor Beyer summarized the new legislation as follows:
o A trust for the care of one or more specific animals living at the settlor’s death is valid.
o The trust ends upon the death of all animals living at the settlor’s death which are benefit by the trust.
o The settlor may name a trust enforcer.
o If the settlor did not name an enforcer (or if the named enforcer is unwilling or unable to serve), the Court of Chancery may appoint an enforcer.
o A person with an interest in the animals may petition for the appointment or removal of an enforcer. This interest cannot be merely a general public interest; the petitioner must have an actual interest in the specific animals covered by the trust.
o Trust property may be used only for its intended use.
o When the trust ends, any remaining property passes according to the terms of the trust.
o The settlor (or other owner of the benefited animal) may transfer ownership of the animal to the trustee upon trust creation or thereafter.
o If the intended owner disclaims, the trustee becomes the owner unless the trust provides otherwise.
o The trustee must provide the animal with the care the settlor directs in the trust or, if the settlor did not provide instructions, the care that is reasonable under the circumstances.
o The trustee may employ agents to provide care to the animal and pay for the care from the trust property.
o The term “animal” is broadly defined to be “any nonhuman member of the animal kingdom.”
Interestingly the statute also states that "Plants and inanimate objects are not included. "
The entire statute can be found here.
Pet owners in Delaware now have more options than ever to plan for the future care and well being of their pets.
Use the tools that are available to you.
Pet Trusts Are American Decadence?
It is no surprise or secret that I am usually a very strong proponent of estate planning for pet owners, pet trusts and emergency planning for your pets in general.
I have also tried to present differing views of this philosophy.
Well, here is definitely an opposing view.
From the other side of the pond, Harvard graduate Christopher Caldwell, the Senior Editor of the Weekly Standard and a contributing writer for the New York Times magazine, comes an article in the London based Financial Times, in which he provided a strong opinion of Pet Trusts.
Mr. Caldwell wrote…
" But if the adjective “generous” needs to be treated with care when we speak of living benefactors, it is wholly irrelevant when it comes to bequests, for here the separation of the giver from his money is involuntary. Stockpiling that money into a foundation where it can “do some good” may be farsighted and it may be misguided. It may mean you care more for your pet projects (or your pets) than for your family. It may mean that you wish to spare your family from the curse of idleness. But “generosity” does not come into it.
The decadence that has lately characterised Americans’ treatment of their pets – dog bakeries, dog restaurants, doggy day-care outlets where dogs can watch dog-themed movies – has now found legal expression. Leaving money for the upkeep of a pet used to be done by naming a (human) beneficiary to take care of it. Today, pets such as Trouble ( the late Leona Helmsley’s dog) can themselves be made beneficiaries through “statutory pet trusts”. (This naturally raises the question of whether Trouble – a notoriously nippy pup – can be sued.) Through such trusts, testators can give specific instructions about favourite foods and so on. Trouble, it has been reported, continues to be spoon-fed by Helmsley employees off a silver platter. "
You may read his entire article here.
Seems to be a little harsh, but everyone is certainly entitled to their opinion.
I wonder if Mr. Caldwell has any pets.
Need a Private Dectective for Your Lost Pet?
The mental and emotional strain of a missing pet can quickly take is toll on you and your family.
There are many organizations to assist you if your pet is lost or runs away.
There are even private pet detectives and private investigators that you can hire, with hourly rates from $100.00 and daily tracking of your pet for $1,000.00 per day.
Missing Pet Partnership is a not for profit organization that concentrates on this issue.
Their website explains their mission.
Missing Pet Partnership is a national, nonprofit organization dedicated to reuniting lost companion animals with their owners/guardians. We offer behavior-based lost pet recovery tips, referrals to lost pet services, and Missing Animal Response (MAR) seminars that train professional and volunteer pet detectives (many with search dogs trained to locate lost pets) to conduct CSI-like investigative searches that bring lost companion a nimals back home.
They can assist you in the location of a pet detective should you need one.
They also offer their MAR seminars in many areas of the country.
The MAR Technician course teaches the basics regarding how and where to search for a lost pet. It is a 5-day course and involves classroom training, dog training, and in some cases participation in a lost pet investigation. Upon completion of the seminar, graduates will be able to immediately start offering fee-based lost pet services like TAR (trap-and-reunite) services to recover displaced cats, shelter checks, neighborhood checks, flyer distribution services, and/or responding with a MAR search dog in an attempt to locate and recover a lost pet. Graduates have the option of using their training to volunteer (e.g. with animal rescue groups, shelters, etc.) or they can offer fee-based lost pet services. The training in this course includes CSI-like law enforcement-based techniques and technologies such as the application of search probability theory, deductive reasoning, strategic planning, Feline Behavioral Profiling, and the use of high-tech equipment like search cameras, amplified listening devices, and humane traps with baby monitors. MAR Technician's are trained and certified to use a combination of snappy snares, calming signals, and a "magnet dog" to attract and capture a panicked, stray (lost) dog.
If you want to volunteer to help other pet owners in distress, learn more from their website.
Hopefully you will never need the Missing Pet Partnership or other similar organization.
But, at least you have the knowledge that others are there to help you during the stressful time of a missing pet.
Palms Can Be Poisonous to Your Pets
One of the reasons that I like living in South Florida is the extensive variety of plant life.
We have saw grass, witch-hazel, black eyed Susans, beach daises, and Saint John’s Wort,
And palms.
Goodness, do we have palms.
We have over 200 different types of palm trees alone in the Sunshine State.
King, areca, bamboo, coconut, sabal, royal, Washington and majestic palms. Just to name a few.
Because of their abundance and seeming ability to grow everywhere and anywhere, I was surprised and dismayed when I saw a recent story about Sago Palms.
The Sago is a very popular landscape item.
But most people don’t realize that it is not a palm at all, it is a Cycad, a group of plants that are very primitive in their origins. Some believe that cycads have evolved little since the days of the dinosaurs.
The Sago Palm is the most propagated and sold cycad in the world.
But, according to the American Society for the prevention of Cruelty to Animals, the Sago can be deadly to your pets.
"Though attractive with its dark green leaves and hairy trunk, the plant is highly toxic to cats and dogs. Common signs of Sago palm poisoning include vomiting, diarrhea, weakness, depression, seizures and liver…"
You can read the entire story here.
But, make sure that you can identify this small palm tree and realize the danger that it can be to your pets.
Coping With The Loss of Your Pet
My cat, Mr. Tuffs, recently passed away. We lived together for 15 years and I am heartbroken. I am so sad I can hardly work, am I just being silly?
Sandra San Diego, California
Sandra, you have my sincere condolences.
You are not being silly at all; the loss of a companion or friend is difficult, at best.
There are numerous ways to help you cope with the process.
The Human Society of the United States has some general tips for assistance:
"While grief is a personal experience, you need not face loss alone. Many forms of support are available, including pet bereavement counseling services, pet-loss support hotlines, local or online Internet bereavement groups, books, videos, and magazine articles. Here are a few suggestions to help you cope:
• Acknowledge your grief and give yourself permission to express it.
• Don't hesitate to reach out to others who can lend a sympathetic ear.
• Write about your feelings, either in a journal or a poem.
• Call your local humane society to see whether it offers a pet loss support group or can refer you to one. You may also want to ask your veterinarian or local animal shelter about available pet loss hotlines.
• Explore the Internet for pet loss support groups and coping information.
• Prepare a memorial for your pet."
You can read the rest of their suggestions here.
Just remember that you are not alone in any grieving process.
Lean on your friends and family.
We all must face the loss of a loved one at some time.
Knowing that, does not make it any easier.
