Maryland Legislature Tries Pet Trust Again
The majority of States that allow for Statutory Pet Trusts may soon increase their number by one.
Currently, 39 states and the District of Columbia recognize some type of pet trust authorized by the legislature.
Recently, A. Wade Kach, a Baltimore County Republican, introduced legislation that would provide for pet trusts in Maryland.
The financial trust that has been proposed could be set up for the lifetime of the animal if the owner dies before their pet.
In light of history, this legislation may or may not pass. A previous bill introduced in the Maryland Senate in January of 2006 (Senate Bill 235) failed to pass.
Maybe this time, the politicians will get it right.
We will keep you advised.
Newspaper Written Memorial for a Beloved Pet
We have noted the various ways and to what extent that owners will go to in an effort to provide for their pets.
We have studied:
Pet Trusts
Pet Powers of Attorney
Burial Services for Pets
Crypts, Vaults and Coffins for Pets
Specific Baths and Showers in homes for Pets
Airline Service for Pets
Cloning of Pets
Retirement Homes for Pets
Lemon Laws for Pets
Life Insurance for Pets
Health Insurance for Pets
Pet Sitting and Walking
Animal Sanctuaries
In addition to, of course, all manners of Toys, Food and Medical Treatment for Pets.
I have now seen another move forward in the treatment of pets.
More like a family member, not just an animal.
A written memorial for Nellie Wheeler, a 14 year old Best Friend and Constant Companion, of one Taylor Wheeler, along with a photo of the deceased pet, was recently placed in the Naples Daily News.
Nellie, who died on February 19, was honored as follows:
“Loyalty and Unconditional Love are a true gift that my son was fortunate to experience. Thanks Nellie.”
This is a first for me, but I assume that it will not be the last.
Military Power of Attorney For Pets
My son Stephen is leaving for a tour of duty in Iraq. In light of the totality of the dangers involved, it may seem trivial, but he has four hunting dogs that he absolutely adores and wants to provide for them while he is gone. Is there any special documentation that you can suggest?
Marilou Greers Ferry, AK
Marilou, thank your son for his service and I sincerely hope that his tour is relatively incident free.
I have previously written about Military Powers of Attorney here.
A Special Military Power of Attorney for Pets can designate an individual or individuals to care for and maintain pet (s) during a military absence, and authorize any and all medical care necessary, including major surgery and humane disposal, as deemed necessary by the Veterinary Service.
Visit the above posting for additional information.
And, good luck to Stephen
This Website is Full of Useful Pet Information
I recently came across a site that is new to me called JustOneMorePet.com.
The stated mission of JustOneMorePet is;
"Our goal is to raise awareness and help find homes for all pets and animals that need one by helping to match them with loving families and positive situations. Our goal is also to help fight the trend of unfavorable legislation and rules in an attempt to stop unnecessary Euthenization!!"
Although the crux of the site deals with adoptions for unwanted poets, it has a widespread base of information on all animals and their treatment.
They also follow and provide updates on pending and suggested legislation concerning animals in the various states.
Visit their site and see what information you can obtain that will help your and your pets.
Etiquette Rules For Traveling With Your Pets
For those of you that regularly travel with your pets, I suggest that you view a valuable website called takeyourpet.com.
This site has several useful online publications including guides for travel by car, by air and general travel tips.
In addition, they have suggestions for lodging etiquette tips when traveling with your pets.
They offer an excellent checklist of common sense and courteous rules for you and your pets to follow while staying at a public facility.
You can check out the entire list of suggestions at their site.
Follow them when you travel with your pets and all parties involved will be better served.
Custody Dispute Over Pets in Divorce
I have previously written about cases involving the custody of pets and their owners undergoing divorce procedures.
A recent article in the Asheville Citizen-Times of North Carolina, reiterated that there would be more and more of these disputes being played out in the courtroom.
The issue of custody of a pet is not to be taken lightly as most pet owners treat their pets the same as, or in some circumstances, better than they would a child.
Many times in a divorce, the custody issue of children is resolved via a shared custody arrangement.
Kim Brophey is a pet behavior consultant in Asheville and addressed the issue of possible joint custody between owners,
“Change is not a dog's friend, going back and forth is not cool. Dogs like routine and predictability, and the whole back-and-forth thing is very stressful and can create a lot of behavior problems."
The bottom line is that, just like custody disputes for children, the best interest of the pet should be the controlling factor in the agreement of the parties or the decision of the court.
You can read the entire article by Barbara Blake here.
Amendments to Maryland's Pet Lemon Law?
Like many states, Maryland has a “Pet Lemon Law” that has been established to provide monetary recourse for the purchasers of “sick pets.”
Now a legislator, State Rep. Lawrence Cafero, wants to force pet sellers to cover veterinary expenses that consumers incur when they have to care for a sick animal, at up to twice the purchase price of the animal.
The law would apply to any disease or injury that existed at the time of sale, including hereditary or congenital problems.
The law also would require sellers of pets to advise purchasers of the obligation.
You can read more on the proposal here, in a report by David Funkhouser in the The Hartford Courant.
Another step in the protection of pets.
Increasing infringing actions by the State or a result of increased demand from pet owners?
This Week is Florida Week For The Animals
Florida Governor Charles Crist has declared this week to be The Florida Week for The Animals.
The Animal Law Coalition is the sponsor of this statewide celebration of events that are scheduled to raise the awareness of animal care, shelters and animal rights.
Animal World USA Weeks for the Animals campaign begins with Florida, and the Weeks for the Animals National Campaign Manager Patricia Haddock stated:
"We are overwhelmed at the response Florida has demonstrated in coming together for the greater good. We are very grateful for Governor Crist for proclaiming the week which lends added significance."
You can participate in all of the activities throughout the Sunshine state.
The official website for Florida Animal Week is located here and has the full slate of scheduled activities.
Go out, participate with your pets and enjoy if you live or are vacationing the Florida.
More Good Reasons to Have a Pet Trust
San Diego Estate Planning Lawyer, Roy M. Doppelt's has a good post on Seven Reasons to Have a Pet Trust.
The first two reasons are here:
"1. You have pets with a long life expectancy. Some pets are almost sure to outlive you. Birds and reptiles have exceptionally long lives. Some turtles can live almost 100 years. A macaw for example can live to be 80. Horses have a life expectancy of twenty to thirty years.
2. You live alone. If you live alone with your pet, you need to consider who would step in and care for your pet if something happened unexpectantly to you."
Go to his website to read the rest of his reasoning.
If one of his ideas will move you to act on these issues, you and your pets will be much better off for your actions.
A Good Checklist for Boarding Your Pets
I try to offer some good tips for pet owners regarding estate and emergency planning for their pets.
I also like to pass along information received from others.
Sharon Harleigh writes an article in the LA Pet Examiner that provides some valuable information if you choose to board your pet with a professional organization.
Ms. Harleigh writes that sometimes the return home with your pet can be a very unsettling situation for the both of you.
She suggests a number of guidelines for a checklist to follow before you board your pet, including the following;
"1) Interview the boarding facility you plan to use. Make a drop by visit, and check the place out. Ask for references, and follow up on those references. Does the place seem clean? Do the other dogs seem healthy and cared for?
2) Ask around, and find a pet boarding facility that is vouched for by friends or relatives. If you trust their judgment, they probably can guide you to a great place which will treat your pet right.
3) Make sure to find out the boarding facilities requirements well before you travel. Is your dog up to date with shots? Do they have their tags? Some facilities want to "interview" your dog to see how he or she will get along with the other pets at the facility. Make sure to give yourself plenty of time to meet these requirements so you don't stress yourself (and, in turn, your pet) prior to travel."
You can review the rest of her suggestions here.
The decision to board your pet while you are on an extended visit is not an easy one.
If you utilize these tips, the decision can be less painful for you and your pets.
Florida Recognizes CLE Class-Estate Planning For Animal Owners
One of the reasons that I present this blog is to assist with the education of pet owners.
I am very pleased to announce that I have been able to be a part of a group to take another step forward in this area.
In cooperation with the Humane Society of Naples, Florida and their superb collection of legal advisers, the Florida Bar has approved a Continuing Legal Education class in “Estate Planning for Animals Owners.”
As the Chairman of the Planned Giving Advisory Council of the Humane Society, I am especially proud of the achievement.
If I can help your local humane society, civic group, local veterinarian, pet club or just educate your community on these very important issues, please contact me via this site.
