Choose a Professional Adviser for Your Pet Trust
Why do I need to hire an attorney?
I can just go download the form from the Internet and fill in the blanks.
Each day attorneys all across America hear this familiar refrain from potential clients.
Estate planning documents for pet owners are no different.
You need to consult your professional adviser if your want the documents to be legally correct and binding.
One example of this assistance is provided by Attorney Rachel Hirschfeld.
Ms. Hirschfeld has extensive experience in pet protection documents and stresses the need for caution and expertise when they are prepared.
"First of all, the word “incapacity” should never be used when filling in pet protection documents to describe the owner’s possible mental state because it may trigger, or be used as evidence in, a court proceeding. Specifically, the pet owner may become unable to care for one or more aspects of the pet’s life, yet not be legally incapacitated. For example, an arthritic owner may want the pet guardian to begin acting, in a limited role, simply because he can no longer adequately walk the dog. Another owner may want the pet guardian to act because she has difficulty remembering whether or not she fed her cat. Neither of these examples should generate a court appointed guardian."
Listen to the professionals.
Follow the advice of your attorney.
Do not try to prepare your own legally binding documents from a generic download from an unknown website.
For yourself…or for your pets.
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