Do Not Trick Your Pets Tomorrow
Okay, it is that time of year again.
When you can dress up and pretend, to be whoever or whatever that you desire and no one can ridicule you.
Tomorrow is Halloween!!!
You can hoot and howl and carry on.
However, do not forget that your pets do not celebrate this spooky evening.
All of this commotion may be very stressful to your pets.
Yeepet.com offers the following tips for a safer and calmer Halloween for you and your pets.
• Keep your pets in a crate or cage during the festivities. This will prevent your dog from biting strangers, and your pet will probably feel safe in the crate where it has food, water and bedding.
• Put its license and updated ID tags on your dog or cat in case someone would accidentally let your indoor pet outside.
• Inform your guests that feeding your pet is strictly forbidden. You can even put signs up near the food. Chocolate as well as xylitol (an artificial sweetener) is poisonous to dogs.
• Keep your cats, especially black ones, indoors during October. You might have to put a litter box, food and water in your bedroom or guest room, but at least your cat will be safe and sound and less likely to be tortured or sacrificed.
Enjoy a safe evening.
Estate Planning For Your Pets-Halloween Style
Today we revisit an alternative form of estate planning for your pets.
We wrote here about Eternal Earthbound Pets. Their philosophy is:
"We are a group of dedicated animal lovers, and atheists. Each Eternal Earth-Bound Pet representative is a confirmed atheist, and as such will still be here on Earth after you've received your reward. Our network of animal activists are committed to step in when you step up to Jesus. We are currently active in 20 states and growing. Our representatives have been screened to ensure that they are atheists, animal lovers, are moral / ethical with no criminal background, have the ability and desire to rescue your pet and the means to retrieve them and ensure their care for your pet's natural life."
Well, I recently received an email comment from a reader regarding this service who wrote,“Christian pet owners will need a representative to enforce their contracts with the atheists.”
Apparently, you can now enter into a contract with a group called PRAY from Oklahoma City that will help you in this area. Their website reads:
For your Christian donation (in an amount that you believe is worthy of protecting your beloved pets) we will guarantee that should the Rapture occur within the time period covered in your contract with any business which offers to rescue your pets post rapture, PRAY will immediately secure legal enforcement of said contract or seek damages to be placed in trust to ensure the care of your pet for its lifetime.
I thought that the Eternal Earthbound Pet idea was strange.
Apparently, it is a for profit business. Who knew?
Maybe it is just a Halloween thing…
New Book For Planning For Your Pets
Ashley R. Dobbs is an Alexandria, Virginia attorney who focuses on animal-related issues, including pet trusts and pet care planning documents.
Ms. Dobbs is an animal rescue volunteer and a former owner of a pet services business and works with the KeepThePromiseToPets non-profit organization.
The Mission statement of KeepThePromiseToPets is:
"Our Mission is to provide everyone a plan so they can KEEP THE PROMISE to love and care for their pets for life. Our goal will be met when healthy pets are no longer “euthanized” due to a lack of planning or expressed wishes."
Ms. Dobbs is finishing a new book titled, “KEEP THE PROMISE : A Complete Guide to Planning for Your Pet’s Care When You Can’t Be There.”
If you are interested, you can preview and order her book at the website.
Another Reason For Pet Estate Planning
A reader Pat, recetly wrote to us:
"Pets have been proven to have positive mental and physical health benefits for the elderly. But often senior citizens forgo this benefit for fear their pets will be killed upon the owner's death. Pet trusts give peace of mind to the elderly and also help reduce the number of homeless animals. Getting old is hard enough. Why deny this comfort to the elderly? Maybe those who disagree are greedy relatives who hope to get something for nothing."
Just another good reason for you and your family to prepare for pet estate planning.
Professional Thoughts on Pet Trusts
Attorney Steven D. Wegner of California recently posted some interesting comments on our blog.
He wrote:
"Professor Beyer is an acknowldeged authority in this area and I respect him enormously. I have read most if not all of his articles on line.
I take issue, though, with a statement made in his "Estate Planning for Non-Human Family Members" that a single sentence like "I leave $1,000 in trust for the care of my dog, Rover," can be effective. He says that laws like the one in Texas authorizing pet trusts can supply missing terms by having a court appoint a trustee or allowing interested persons to seek court intervenion if Rover is not receiving proper care.
Either of these actions would generate significant legal fees. The greater the cost of supplying missing terms or enforcing those the law provides, the greater the disincentive to take all necessary steps to insure Rover's well-being. Also, there is a TON of information that a simple bequest does not provide like a pet's medical history, his or her preferences and under what circumstances an end of life decision should be made.
For these and other reasons, I am a strong proponent of a comprehensive and detailed living trust that deals with all forseeable issues. Only in this manner can an owner insure that his or her beloved pet will be well cared for when the owner can no longer do so."
Check out Stevens' excellent webiste called CaliforniaPetLawyer.com, here.
Thanks for your thoughts.
Is a Pet Trust Better Than a Will?
What do you suggest the use of a pet trust rather than just including the pet in your will?
Cheryl Boca Grande, Florida
Cheryl, a statutory pet trust is more easily enforceable than a general will clause.
An example of such a will clause is as follows:
...I give my cat, and any other animals that I may own at the time of my death, to Bill presently residing at 123 Main Street, Nowheresville, PP, with the request that he treat them as companion animals. If he is unable or unwilling to accept my animals, I give such animals to Bob, presently residing at 124 Main Street, Nowheresville, PP with the request that he treat them as companion animals. If he is unable or unwilling to accept my animals, my Executor shall select an appropriate person to accept the animals and treat them as companion animals, and I give my animals to such person.
I direct my Executor to give $1000.00 from my estate to the person who accepts my animals, and I request (but do not direct) that these funds be used for the care of my animals...
You will note that the money goes directly to the caregiver and the clause only requests that the funds by used for the care of the animals.
Not very strong.
Prepare for the Unthinkable; Plan For Your Pets
I wrote earlier this week about Dr. Nancy Kay and her blog Speakingforspot.com, as a great site for medical advocacy for your pets.
She recently wrote an article about planning for your pets called, Preparing for the Unthinkable.
Urging her readers to complete the appropriate estate planning for their pets, she wrote, ”As my Grandma Goldie used to tell me, People plan and God laughs. My husband and I have made plans for our animals, should the unthinkable happen. How about you?”
I would also like to give a shout out to her, as she was kind enough to mention this blog in a recent post.
"I recently happened upon a wonderful website (www.pettrustlawblog.com) that will help you with all legal matters pertaining to pets, including trusts and guardianship. Attorney Danny Meek presents material that is thoughtful, comprehensive, and easy to understand. (This says a lot, as I am rarely able to comprehend attorney-speak.) It is also clear that this guy really loves animals. I encourage you to pay Mr. Meek a visit."
Thanks, Dr Kay.
What is a Pet Trust?
Can you explain to me in general terms, what exactly is a Trust agreement?
Billy Charleston, South Carolina
Billy, a Trust is a written formal agreement where a trustor (the one writing the trust) places the ownership rights to a specific piece of property or asset under the control of another person, called a Trustee.
The Trustee is to conserve and protect the property on the behalf of someone else, called the beneficiary, who has been designated by the Trustor.
A typical trust will contain provisions for:
(1) The purpose for which the trust was established;
(2) details of the assets placed in the trust;
(3) the powers and limitations of the trustees, including all duties and responsibilities;
(4) form of trustees' compensation; and
(5) conditions and terms that will terminate the trust.
When you are doing estate planning for animal owners, the pet owner is the trustor and the pet is the specific asset to be protected by the trustee. You also obviously need to appoint a caregiver to physically take care of the pet. Any remaining monies in the trust after the death of the pet, goes to the beneficiary.
Be a Medical Advocate For Your Pet
I recently discovered a new blog by Dr. Nancy Kay, called Speakingforspot.com.
Her book, Speaking for Spot, was a labor of love for Dr. Kay, fueled by her passion to teach people how to be effective medical advocates for their four-legged best friends
In her website notes, Dr. Kay states that she is a board certified specialist in the American College of Veterinary Internal Medicine and has been published in several professional journals and textbooks. She lectures professionally to regional and national audiences, and one of her favorite lecture topics is communication between veterinarians and their clients.
The book is designed to, “help dog lovers become more involved, savvy consumers of veterinary medicine.”
Dr. Kay said that writing it was truly a labor of love, fueled by her passion to help dog lovers become more involved, savvy consumers of veterinary medicine.
In my home, medical treatment for our dog is always an issue; we want to use the minimal amount of drugs that are necessary to keep her in good health.
The less treatment, the better.
I suggest you visit her site and see if her book is for our and your pets.
You might find some useful information.
What is the Purpose Clause in a Pet Trust?
After the recent post on a Trust Declaration, I received a call from another attorney who was doing estate planning for an animal owner/client. He asked if a Trust Declaration was the same as a Trust Purpose Clause.
There is a diffenece...
While it is generally not necessary that a specific statement of purpose be included in the trust for your pet, many individual pet owners chose to do so.
One example of a purpose statement is as follows:
…While my pets are alive, the primary purpose of the Pet Trust is to provide for the health, care, and welfare of my pets. Notwithstanding, if at any time, any of my pets suffer from a medical or physical condition or illness and the pet trustee and the pet caregiver determine, based on a written opinion of a veterinary professional who has examined said pet, that it would be more humane to euthanize said pet, then the Pet Panel, Pet Trustee and Pet Guardian are authorized to do so at the expense of the Pet Trust.
The trust purpose statement establishes the overall boundaries of the desires of the pet owner with general instructions to the pet trustee and caregiver.
What Is A Declaration In a Pet Trust?
What is a declaration in a pet trust?
Tommy Indianapolis, Indiana
Tommy, you are probably referring to the beginning statement that many pet owners place into the trust.
This statement is a personal declaration of the pet owner, as to the commitment and attitude toward their pets.
A partial example of one owner’s declaration is:
My pets and animals are important members of my family. During any period of time that I am incapacitated, the Pet Trustee, upon the guidance of the Pet Panel, shall provide as much of the principal and net income of my trust as is necessary for the care, health, maintenance, and support of my pets and animals. I direct the Pet Trustee to keep my pets and animals at my place of residence while I am incapacitated, if practical. However, if it is not practical for the Pet Trustee to keep my pets and animals at my place of residence while I am incapacitated, then the Pet Trustee shall take guidance from and comply with the Pet Profile and Pet Panel in placing the pets with the appropriate Pet Guardian.
A declaration is merely a personal guideline provided by the pet owner. It establishes the tone of the trust and the general desires of the owner.
Who do You Appoint as the Caregiver in Your Pet Trust?
The choice of a Caregiver for your pet is always a tough decision in the estate planning process for animals.
The Caregiver is essentially the person that you choose to be the Guardian of your pet when you cannot.
He or she will be responsible for the daily care and decisions made on behalf of your pet.
The issues of diet, exercise, medical treatment and ultimately even death and this individual must make follow-up decisions.
They should be expected to follow your wishes and directives regarding the care of your pet and must be willing to assume the responsibilities associated with caring for your pet.
Many times another family member will be appointed as the Caregiver. Nevertheless, you need to discuss the situation completely with them in advance, to make sure that they are will to accept this responsibility.
Tough choice.
Will Pet Owners Become Pet Guardians?
A national movement is growing that make affect the relationship between you and your pets.
Some people want to distinguish between a pet “owner” and a pet” guardian.”
A guardian is one who is legally responsible for the care and management of the person or property of an incompetent or a minor.
An owner is someone who controls or possesses something, as property.
The supporters of changes in guardianship laws claim that “owners” consider pets as easily dispensable, but that “guardians” will treat animals with more care and concerns.
Proponents want to eliminate ownership of pets and have them recognized as in their “own right.”
The American Veterinary Association definitely takes an opposing position to this change with this statement:
"The American Veterinary Medical Association promotes the optimal health and welfare of animals. Further, the AVMA recognizes the role of responsible owners in providing for their animals' care. Any change in terminology describing the relationship between animals and owners, including "guardian," does not strengthen this relationship and may, in fact, harm it. Such changes in terminology may adversely affect the ability of society to obtain and deliver animal services and, ultimately, result in animal suffering."
While others argue that if pets’ owners become guardians, it will be easier for others to monitor and control them because a guardianship may be temporary and/or revoked.
This argument is more than a matter of linguistics; it could determine your relationship with your pet.
Keep yourself appraised as this issue evolves.
