What is a Pet Living Will?
I recently read an article about a Pet Living Will. Can you explain what it is and what it is used for?
Tony T. Palm Island, FL
Tony, A Pet Living Will is essentially the same as a Living Will for people. A living will is a legal document that attempts to set up your directives and choices if “my attending or treating physician and another consulting physician have determined that there is no reasonable medical probability of my recovery from such condition, I direct that life-prolonging procedures be withheld or withdrawn when the application of such procedures would serve only to prolong artificially the process of dying, and that I be permitted to die naturally with only the administration of medication or the performance of any medical procedure deemed necessary to provide me with comfort care or to alleviate pain.”
A Pet Living Will is a statement of intentions that you, as the owner, direct for your pets, in the event you are unable to make decisions for them. It sets out the choices that you have made for the medical treatment of your pets and instructions for the veterinarian.
In some cases, this is also combined with a Emergency Power of Attorney for your pets.
In effect, it is a written road map for the medical plan for your pets.
Enjoy the Memorial Day Weekend!
I am taking the weekend off to enjoy with my family and my dog.
I suggest you do the same.
Eat,
Relax.
Play.
Enjoy.
Another Reminder For Safe Travel With Your Pets
With the Memorial Day weekend fast upon us, many of you will be traveling to visit friends and family.
I would like to remind you again of some thoughts for you and your pets.
The question will arise…do we take the pets or not?
EzineArticles.com and author CS Swarens, has previously offered the following useful tips.
..."Determine if Your Pet is Really Ready to Travel
Before you begin making vacation plans that included your four-legged friend, you need to make an honest assessment of your pet's temperament. Is your pet really ready to travel? If your pet has any of these conditions, you should probably send it to a pet sitter or kennel while you are traveling:
• Your pet is very young
• Your pet is very old
• Your pet is ill
• Your pet is pregnant
• Your pet is recovering from surgery
If your pet is extremely hyper, suffers from anxiety, or is otherwise easily upset, taking it on vacation may not be a very good idea.
Get a Clean Bill of Health
Even if your pet seems to be perfectly healthy, you should still take a trip to the veterinarian's office before you head out on vacation. Discuss your travel plans with your veterinarian and ask about any risks you should be concerned about. In addition, you should discuss what you should do if any of these risks occur, such as if your pet becomes carsick or restless while traveling.
You should also make certain your pet's vaccinations are up to date and you should obtain a rabies certificate to take with you while on the trip. If you are traveling by air, you will be required to present this certificate. Even if you are not going by plane, having this on hand will help you avoid potential heartache if your pet nips at someone while traveling. You might also want to consider having your veterinarian insert a microchip that will help you locate your pet if you become separated.
Purchasing a Pet Carrier
With your pet properly prepared to travel, you now need to purchase a pet carrier. The carrier needs to be sturdy and secure so your pet cannot escape. It also needs to be well-ventilated and roomy enough for your pet to be able to stand up and turn around. Be sure to allow your pet to spend time in the carrier before the trip. That way, your pet will be used to the carrier and, hopefully, will be comfortable with having to spend time inside of it. The carrier should also have handles on the outside. That way, if someone else needs to handle the carrier, there is no risk of that person getting bitten.
Be certain to print your pet's name on the outside of the carrier with a permanent marker. You should also write your name, your address and your phone number. In addition to writing your personal address, you should also write your destination so you and your pet can be reunited as quickly as possible if you are separated. After all, the last thing you want is to be worried about your pet when you should be enjoying a memorable vacation together..."
Good advice, if you chose to travel with your pets.
They are your responsibility…
Some Thoughts On Lifetime Care Facilities For Your Pets
If you are considering a lifetime care program for your pet, with either a charitable or a private facility, there are some basic areas that you should consider when making your choice.
A short list might be:
The initial and total financial costs for you or your estate for each of your pets.
The level of medical care that you can expect for your pet including the number and qualifications of the veterinarians that will be providing the care.
The total number of pets (capacity) that the facility can sustain.
The overall physical layout of the facility. Are the animals kept in cages or individual rooms or shared facilities?
The ability to request specific foods or diets for your pet or designate their daily physical program.
The reputation of the facility, including the number of years that is has been in existence and the quality and number of the staff members.
This is certainly not an all-inclusive list, but it may provide a starting point for your search for the appropriate facility for your pets.
Pets in American Samoa
I am going to spend a year working in American Samoa. Is there any reason that I should be concerned about taking my beagle, Ralph along for the stay?
Tommy T. Indianapolis, Indiana
That is very interesting, as I have a nephew who recently went to Pago Pago to work.
Small world.
This U. S. Territory, with a population of about 60,000, is located in the South Pacific Ocean and, as you might expect, does not have many animal related laws.
But, you do have to follow some rules.
AM. SAMOA CODE ANN. § 25.1605 (2004) Confinement areas for animals to be kept sanitary:
All poultry houses, yards, coops, pigeon runs, rabbit hutches, dog kennels, pens, barns, stables, or other structures or enclosures for any fowl or animal shall be kept clean and free from any accumulation of excreta decayed food and filth of every kind. All such structures and enclosures shall be maintained in a clean and sanitary condition.
In other words, keep your yard or dog area clean.
Seem reasonable enough.
Enjoy you trip.
Florida Jury Verdict - Intrinsic Value of A Dog is $20,000.00
Intrinsic value is generally defined as the inherent worth of something, independent of its value to anyone or anything else. One way to think about intrinsic value is to view it as similar to the inalienable right to exist.
The Endangered Species Act in the United States protects many species that are not "valuable" to humans in any readily definable way (for instance, the dwarf wedge mussel [Alasmidonta heterodon] or the swamp pink [Helonias bullata]). These species are protected based on the idea that they have a right to exist, just as all humans do.
In the ever expanding area of companion animal law, a jury in Broward County, Florida (Miami) recently returned a verdict that stated that the “intrinsic value “of a pet rottweiler was $20,000.00!
The dog’s owner sued a kennel where she had boarded her pet, alleging that the Vet was negligent when he failed to provide adequate medical care. Because of this inaction, the rottweiler died.
The members of the jury found that the owner was entitled to the “companionship loss” of her dog, and not the usual “fair market” or “replacement value" of the pet.
You can read more about this case here.
A very interesting, far-reaching and expanding decision in favor of pet owners. It will be interesting to sell how other jurisdictions respond.
Patented Unique Pet Crematory Urn
I have posted several different articles that deal with all aspects of the death of your pet.
We have discussed burials, cremations, hospice care, memorial services and even the posting of a written death notice in a newspaper.
I recently came upon another idea for pet owners that is unique.
Apparently an inventor by the name of Charles J. Johansen, Jr.of Katy, Texas, has secured a U.S. Patent for a pet crematory urn.
Patent number: 6785938 was issued for:
..."A process for the manufacture of a pet crematory urn for storing the cremated remains of a deceased pet comprising…"
This urn is different, in that is to be shaped in the likeness of your deceased pet.
You can visit his patent page and see if this is something that interests you and your family.
I cannot imagine the idea, but then, there are many who have the deceased pets stuffed and mounted on the wall.
Banfield Peace of Mind Program to Assist Hospice Patients
Banfield Pet Hospitals serve communities and neighborhoods across the United States. The Banfield Charitable Trust was established to give back to those communities.
According to their website,
"The Trust's mission is to extend the Banfield vision of treating Pets like family beyond our hospital walls in the communities we serve by offering hope and support to Pets and the people and communities who love them. Perhaps no other national, non-profit organization is better suited to meet the diverse and unique challenges faced locally by Pets, families, schools, and community organizations."
According to the Tampa Bay Newspaper On line, the Banfield Charitable Trust recently announced a new program, Pet Peace of Mind, which recognizes and actively supports the unique bond between hospice patients and their pets.
The article states, in part:
"Pet Peace of Mind, which is targeted to nonprofit hospices across the country, allows patients to complete their end of life journey without worrying about their pet‘s current or future needs. The initiative provides training and funding for hospices to start local programs that deliver volunteer pet care services for patients who are unable to care their pets while in hospice.
The program gives recipients financial assistance with routine veterinary care, pet transportation to vet appointments, pet boarding and walking, and access to pet food..."
We do not use or endorse Banfield Hospital, be it seems as though this action is certainly one to be promoted and acknowledged.
Thanks to Banfield Charitable Trust from all animal owners!
Our Blog Featured in Upcoming Story on www.Bankrate.com
I had an interview this morning with Sheyna Steiner, a staff writer for www.Bankrate.com.
This site is all about financial information for everyday life.
She is preparing a story for Bankrate.com on pets and finances and is going to include a section on estate planning for pets.
Mr. Steiner advised that she located me via my blog and contacted me to discuss various issues regarding pet trusts. We discussed the role of the trustee and caregiver, the various funding options for the trust, the changing attitude of pet owners regarding the use of a trust and the education of estate planning attorneys and the role of pet trusts in their overall estate planning packages.
She was unsure as to the schedule of the printing of the article, as day-to-day economic hot flashes tend to dictate priorities.
I will provide access to the final article…assuming, of course, that she makes me sound good.
Law Student Seeking Pet Caretaker Position
I often receive requests from pet owners for information on potential caretakers.
Many individuals, without specific friends or family to nominate, are sometimes hesitant to have BIG University or BIG boarding kennel as the caretakers.
Well, interestingly enough, I recently received the reverse inquiry.
That's right. I have had contact from an individual who is interested in becoming a caretaker.
Here is some basic background information.
This person lives in Tuscaloosa, AL. She is from California and her stepfather was the ex-mayor in her city where she lived. In 2006, she was a volunteer Citizen on Patrol with the Palm Springs, CA police department. The rescue work she did was in Orange County, CA and she may be able to contact the vet who was in charge of setting up the facility in Huntington Beach, as a personal reference.
She wrote to me as follows:
..."I'm happy to provide answers to any questions. I have one year of law school left and then I plan on working in AL, Atlanta, or DC. With the pets that I have I will again rent or buy a large house (apts don't like large dogs).
I'm willing to take care of the pet for its natural life, be it a dog, cat, rabbit, rat, bird. I know it can be difficult to find someone to take in a person's pets who has passed away, especially someone you can trust. I am very trustworthy and responsible and would be committed to following the owner's wishes. Of course, this would also help me get through school financially so it is a win-win situation. I've worked at a lot of wildlife rescue centers and in the last 15 years adopted two dogs (one passed away) 4 rats and a rabbit (also deceased now), and several cats. All were strays that found me. I believe that when you take in an animal you are responsible for it for life.
I can promise that I am very loving toward animals, very understanding, can communicate well with them, and always provide excellent care. From what I know I give each pet more attention per day than many people give to their own children!
If there is a request from an owner that I feel I couldn't accommodate (say 4-5 walks per day or something like that) I would be honest about that and turn down the job."
If anyone wants to speak with this individual or secure the necessary references, contact me directly.
By way of full disclosure…I do not personally know this individual and we have only had communication via email.
Tips for Caring For Your Pet In Their Final Days
The main focus of our writing about estate planning for pet owners is to assist them in the preparation of a new home and caregiver for their pets, after the death of the owner.
Pet trusts, pet power of attorneys and clauses in wills to provide for pets, are all basic parts of the planning process.
However, not all pets obviously survive their owners.
Are you prepared of the premature death of your pet?
What can you do to prepare for this event?
What are your responsibilities to your pet?
The ASPCA guides pet parents in the care of an animal companion as she approaches her passing. Some of their tips include:
• Minimize your pet's discomfort or pain by having her examined by a vet and treating any health problems she's experiencing.
• Keep track of your pet's quality of life by asking your veterinarian to inform you of symptoms associated with your pet’s condition.
• Keep a daily record of your pet’s behavior, noticing if she seems confused, has lost her appetite or seeks out unusual places to hide.
• Make an elderly pet feel secure by surrounding her with her favorite things, like a warm blanket or special squeaky toy.
You can visit their website here for more information and tips on handling this delicate and unfortunate situation.
Update on The Newly Proposed Connecticut Pet Trust Legislation
John O’Brien is an experienced estate-planning and probate attorney in Wethersfield, Connecticut.
He is an active advocate of the newly proposed legislation regarding the passage of language to provide for Pet Trusts and has been keeping us apprised of the pending bill in that state,
In a recent post on his blog, the Connecticut Estate Planning Report, he wrote that there are actually two different bills that have been offered for adoption.
He also questions the real motive for the passage of one of the bills.
He wrote:
In large measure, the two Bills are similar. There is one significant difference from the perspective of a client that wants to establish such a trust -- any trust must be approved by the Probate Court. Apparently the Legislature sees this as an opportunity to generate revenue for the Probate Court because the Probate Courts will charge a fee of between $50-$750 to review the trust. This change creates all kinds of logistical problems for the implementation of these type of trusts, albeit ones that can be overcome, but certainly ones that are better avoided...."
You should go to his blog to view his entire article.
We will look to Mr. O’Brien to keep us in the loop as this law progresses…or not.
