What is the World Animal Net?
I recently had a question from a client regarding an organization called the World Animal Net.
I have had no experience with them, so I did a little search on the internet.
This is from their web site.
"World Animal Net (WAN) was established in 1997 by veterans of the international animal protection movement to improve communication and co-ordination between the world's animal protection groups on target campaigns, using rapidly developing communication technology.
WAN has offices in the United Kingdom, The Netherlands and the United States, where it is registered as a 501(c) 3 nonprofit. In the USA one hundred percent of your gift is tax deductible to the fullest extent allowed by law.
World Animal Net has no individual membership, but animal protection groups are invited to affiliate themselves and benefit from the global exchange of information.
Our aim is to focus the animal protection movement and strengthen the impact of key animal campaigns and lobbying. World Animal Net will act as clearinghouse for important animal protection issues with global perspective...."
If you have further interest in this area, check out their site here.
Check Your Pet's Prescription
According to Veterinarian Nancy Kay, the prescription medication for your pet should contain some very specific information such as:
The date the medication was prescribed
Your pet’s name
Your name
The prescribing veterinarian’s name
Address and telephone number of the facility filling the prescription
Amount of medication dispensed (milliliters, ounces, number of tablets or capsules)
Strength of the medication (milligrams, micrograms)
Dosage and duration of treatment
Route of administration (orally, applied to the skin, in the ear)
Number of refills
Cautionary instructions (shake well, keep refrigerated)
Expiration date
To protect the health of your pet, check out her website here, for additional information on this issue.
Backyard Burial For Your Pet
Is it legal to bury a cat on my own property in Plainfield, New Jersey?
Chris.
Chris, this question is very state specific.
Each state has laws that govern the disposition of domestic animals; but the general rule is that absent statutory permission, you cannot simply bury your pet in your background.
You need to consult your local attorney before you make a final decision.
Additional Thoughts On the Proposed Tax Deduction for Pets
Another comment on the ongoing controversy regarding a proposed tax deduction for pet costs.
Attorney Steven Wegner of California recently wrote to us as follows:
..."It is undeniable that most people consider pets as part of their family.
It is also true that caring for a pet is a significant expense that should be recognized and receive some relief under the tax code. Given the huge deficits the government is running any measure like Congressman McCotter's bill that reduces government revenues will be very strongly opposed.
Its best hope for passage is in gaining the support of organizations like the Humane Society of the United States. I am one of its 11 million other members and will email HSUS today to find out what they are doing to support the bill's passage and whether they have alerted their members to contact their elected representatives."
Common Foods Can Be Toxic to Your Pets
With the holiday season coming quickly, it is again time to remind all pet owners that many common foods can be extremely harmful and even deadly to your animals.
Did you know that ham, walnuts, coffee, soda and salt could poison your pets?
That tuna can kill your cat?
That the hops in beer may be toxic to some dogs?
Now is a good time for a review.
Visit here, at veterinarytechniciansschoolonsline.com, for a list of twenty–five common foods that can be toxic for your pets.
In addition, be very careful…
Still Need a Caregiver For Your Pet Trust?
Who will be the caregiver?
This is the most difficult question that needs to be answered when doing estate planning for animals.
Most of us do not want to impose those daunting responsibilities on unwilling friends or families.
If you cannot find someone to appoint as the caregiver for your pet trust, you might consider a Homeless Animal Rescue Team or H.A.R.T.
There are many H.A.R.T locations throughout the United States.
These are 501(c) (3) non-profit organizations formed to provide care and shelter for neglected, abused and abandoned animals.
They are generally local and actively engaged in monitoring the animals in the area and assisting in the placement in temporary and then permanent homes.
Although there is no national headquarters that I know of, you should be able to find a local H.A.R.T. in your area.
Comments on Proposed Tax Deduction for Pet Care Expenses
In response to the posting here, about a proposed federal bill for a tax deduction for pet care expenses, I recently received this response from a reader.
"I know that I can be charged with animal abuse for not feeding and taking care of my dog when something is wrong with her.
It cost lots of money to care for our pets.
Food; vet bills; medicine and other items for our pets are expensive also.
Why cannot there be a reasonable credit for pet care; like a standard deduction of $1500.00 to help offset some of the cost pet care?
We have to pay taxes on all the things our pets needs.
What happens to the tax that is charged on pet needs and supplies?"
Any thoughts from you?
What is Veterinarian Malpractice?
When is a veterinarian liable for malpractice on an animal that they treat?
Greg Lynnville, South Carolina
Greg, for an animal owner to recover damages for injury to an animal, in an action based on malpractice, all the following elements must be proven;
(1) The vet was under a duty of care toward the animal in question and had accepted the responsibility to treat the animal.
(2) The actions or nonactions of the veterinarian did not conform to the professional standard of conduct.
(3) The failure to conform to the professional standard was the proximate cause of the injury or harm at issue.
(4) The injury or harm resulted in damages to the plaintiff and not just the animal.
According to David S. Favre of Michigan State University:
"Veterinarians are under no legal duty to treat an ill or injured animal. The decision whether or not to provide a service is an individual decision. A decision to not provide treatment is not malpractice. One case suggests, however, that professional ethics may require some level of attention in emergency situations, but this does not give rise to a legal cause of action. Once the decision to treat an animal is made, the veterinarian has a duty to continue to treat or at least inform the owner of his or her decision to stop treatment of the animal in question."
University of Virginia to Offer Animal Law Class
The University of Virginia recently announced that it would offer a new course on animal law.
According to Margaret "Mimi" Riley, who teaches the three-credit seminar, Animal Law examines the "legal issues pertaining to animals, the laws that govern their treatment, as well as a number of topics that fall within the general headings 'animal law' and 'animal rights.'"
Topics that will be addressed include:
Are animals personal property or do they have rights?
How should we balance human needs with animal needs?
How do you provide for an animal in your will?
The class is made possible, in part, by a generous grant of $1,000,000.00 made to the school by animal advocate Bob Barker, of the long running, “The Price Is Right” game show.
How Much Money Is Too Much For A Pet Trust?
The question of how much money should be placed into the pet trust is a constant issue.
Unfortunately, there have been very few court decisions to give us the appropriate guidelines for this matter.
One older case, dating to 1974 entitled, In re Lyon Estate, 67 Pa. D. 7 C.2d 474 (1974), does provide some insight, as reported by Suzette Daniels of Michigan State University-Detroit College of Law here.
"Oftentimes, courts have the power to reduce the gift if it is deemed to be an unreasonable amount. Such was the case of the will written by Florence Lyon. Her will directed that the principal or income of her estate was to be used for the care of her six dogs and four horses, and the residuary was to go to Princeton University. At the time of her death, the income was deemed to be approximately $40,000 to $50,000 a year. Clearly this is an excessive amount of money to care for these animals, but there was language to suggest that Ms. Lyon might not have had any idea how large her estate was or how much it would cost to care for these animals The court determined that the life expectancy for them was anywhere from one to twenty years. It further ascertained that, “It will take five acres of land, a $22,000 shelter and $5,000 a year to care for the presently living animals.” With this information in mind, the court held that the amount indicated by the testator was excessive. It modified the provision by directing the executors to either reserve $150,000 to be held for the care of these animals or give the entire residuary to Princeton University immediately but with an agreement that Princeton provide the care for these animals.
While an excessive amount of money could lead to court interference, an amount too small to properly care for the animal could lead to financial hardship on the part of the caretaker.
Testators should not only determine an amount of money that is reasonable to cover day to day maintenance but also factor in expenses for emergency medical care and hospitalization".
My Neighbor is Putting His Dogs In Harms Way
My neighbor puts his two collies in the back of his pickup and drives them everywhere. This seems very dangerous. Is he doing anything illegal? I don’t want to cause him any trouble, but I am concerned about the safety of the dogs.
David Miami, Florida
David, I understand your concern, but I am not sure if he is doing anything wrong.
You might look at this statute
Florida Statute 828.12 et seq.
(1) A person who unnecessarily overloads, overdrives, torments, deprives of necessary sustenance or shelter, or unnecessarily mutilates, or kills any animal, or causes the same to be done, or carries in or upon any vehicle, or otherwise, any animal in a cruel or inhumane manner, is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or by a fine of not more than $5,000, or both.
It is unclear to me as to whether or not this is “cruel or inhumane”, since unfortunately many people also foolishly ride in the back of open pickups.
It would be up to your local prosecutor to pursue this issue.
Can The Pet Trustee Write A New Pet Trust?
We recently lost a dear friend that made me the trustee of her trust. There was a clause in the instructions that made a provision for her cat, Babe. It is very vague in the specifics, but we feel we need a separate trust set up just for the cat. The funds are limited and insignificant, but we want to honor her wishes. Do you have a basic Pet Trust already created or do you specifically draft each individually?
Please let us know what you would recommend.
Thank you,
Brad and Amy Sue
Brad and Any Sue, I am truly sorry for the loss of your friend.
I have no doubt that she cared for you very much in that she named you to be her Trustee, a very responsible position.
There is no such thing as a basic pet trust as each document must be individually drafted for the specific case.
However, before you consider writing a separate pet trust, you need to consult with an attorney, as her trust may prohibit this activity. You may also be required to receive the written consent from the contingent beneficiaries.
Take care of Babe.
Is the Homeowners Association Liable For Dog Bites?
Does our homeowners’ association have any liability if one of the owner’s dog bites a small child outside of the pool area?
Irwin Miami, Florida
Irwin, the Board of Directors of your association has a fiduciary duty to manage and operate the common areas of the neighborhood, including the pool and surrounding area.
A part of that duty is to make sure that all common areas are safe and also to warn of any known dangerous conditions.
If they permit, dangerous dogs to roam in the common areas that are owned and controlled by the association, there indeed may be liability for damages when an injury is sustained.
In your example, the injury is the dog bite.
