Is Euthanasia a Viable Component of Estate Planning for Animal Owners
The issue of euthanasia for pets continues to bring new and different comments from the readers.
Here is the latest post:
As an owner of an animal, do we have the right legally to euthanize our healthy pet due to a health issue, death, or loss of income.
1) I agree caging a dog that has never been crated is cruel and they can lose sanity within a certain amount of time.
2) Risking that the adopter will be kind and loving is an ongoing torture for the previous owner. 3) Getting lost by the new owner is more mental and emotional torture for the previous owner.
Life doesn't guarantee humans a steady smooth course and sometime we must sacrifice giving away our beloved pets.
My question is as a pet owner do we have the right to put our healthy pet down if we fear for its safety and well being?
What If we feel, no one will love them and care for them the way we did?
After death we know where our pet is and our belief is that they are in a better place and at peace.
I would like to know what other readers feel about this.
Plan For Your Pet's Safety
Summer is here with a vengeance.
At least, in Southwest Florida.
It may not be in the middle 90’s where you live, but the summer time will surely mean warmer temperatures for you and your pets.
Use extra caution and do not forget to take care of your animals.
One of our favorite animal advocates is Dr. Nancy Kay, DVM.
Her are some of her summer tips:
-Never leave your dog inside the car on warm or hot days. A panting dog in an enclosed space quickly creates a muggy greenhouse environment that can quickly cause heatstroke. Even with the windows down, temperatures inside a car can rise to 120 degrees or more. If you happen upon a dog confined in a car on a hot day, find the owner of the vehicle or contact a police officer- whichever will most rapidly liberate the dog from danger.
-Exercise your dog early in the morning or during evening hours to avoid the heat of the day.
-Allow for plenty of rest and water breaks during play activity and exercise. Your dog may not know his limits and will continue to enthusiastically chase the Frisbee even when his internal thermometer is getting ready to blow a fuse.
-Keep your dog indoors, ideally in air conditioning, on very hot days.
-If your dog is left outside, be sure he has plenty of shade and provide him with access to a sprinkler, wading pool, or sand pit soaked with water.
-If flying with your dog during the summer months schedule your flight for nighttime or early morning. Check with the airlines to find out whether or not the cargo hold is temperature controlled.
You can catch her advice here.
Three Million Dollars Left To Fund a Pet Trust-Mansion to Caregiver
Victor Posner was an American businessperson, millionaire and philanthropist who was an original pioneer of the leveraged buyout.
Upon his death, he left a wife and son to survive him.
That wife Gail, has now passed away and left $3 million in a trust to her pet Chihuahua, Conchita and two other dogs.
Her housekeeper will be able to live, rent free, in an $8.3 Million Miami Beach mansion, as long a sheremains the caregiver of the dogs.
She also left some $26 million to house staff and bodyguards.
By the way, she left her son Carl----One million dollars.
Different Type of Pet Trusts Used in Estate Planning for Animal Owners
A pet trust can be established thorough a testamentary trust or with an inter vivos trust.
An inter vivos trust is one that takes place immediately upon the completion and execution of the document. We generally think of this type of trust as a living trust and it is usually revocable by the trust grantor, creator or settlor (all of these terms are used interchangeably).
The living trust can be used to plan for unforeseen circumstances such as incapacity, disability and eventually the death of the grantor.
The grantor also usually serves as the original trustee or co-trustee. In the case where two or more co-trustees serve, the trust instrument can provide that either trustee may act alone on behalf of the trust or require both co-trustees to actor sign.
The trust may never actually be needed or used until the death of the grantor, but it is always available if necessary. It can be changed or altered or even revoked by the grantor at any time.
In a pet trust, this provides that there will be no lapse of care or treatment for your pet and no delay because of any probate process.
On the other hand, a testamentary trust is one that is created in a will.
Since a will is an ambulatory instrument, in that it never is effective until the testator (the one who writes the will) actually dies, this trust will not spring to use until the pet owner is no longer around.
Additionally, a will must go through the probate process, see here, and there may well be some time delays.
This delay may cause issues for the ability of your pet caretaker to secure the means and authority to take care of your pet.
One advantage of this type of trust is that is may be less expensive than the living trust. The trust clauses can be incorporated into the will of the pet owner and thus, become an integral part of the overall estate planning process.
Yet Another View on Pet Euthanasia and Estate Planning for Animal Owners
Another response on the continuing issue of euthanasia for your pets follows from a regular reader.
"Your reader's concern for preserving the life of a healthy pet when he is gone is laudable.
It is not realistic, though, to push that responsibility on to others without providing them with the means to do so.
Whether through a pet trust or informal arrangements of the sort the read describes,chosen cargivers must be provided with the financial resources to insure the pet's proper care."
Send us your thought son this issue.
How Much is Too Much Money For Your 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".
Planning for disaster is a part of the estate planning for your pet.
Unfortunately, it is that time of the year again...Hurricane Season!
Disaster will strike all of us at one time or another. We just don’t know when or where. As pet owners, we have the responsibility or planning for the care of our pets during these chaotic times.
According the the American Red Cross, the best way to protect your family from the effects of a disaster is to have a disaster plan. If you are a pet owner, that plan must include your pets. Being prepared can save their lives.
Different disasters require different responses. But whether the disaster is a hurricane or a hazardous spill, you may have to evacuate your home.
The Red Cross provides the following information...in the event of a disaster, if you must evacuate, the most important thing you can do to protect your pets is to evacuate them, too. Leaving pets behind, even if you try to create a safe place for them, is likely to result in their being injured, lost, or worse. So prepare now for the day when you and your pets may have to leave your home.
1. Have a Safe Place To Take Your Pets.
Red Cross disaster shelters cannot accept pets because of states' health and safety regulations and other considerations. Service animals who assist people with disabilities are the only animals allowed in Red Cross shelters. It may be difficult, if not impossible, to find shelter for your animals in the midst of a disaster, so plan ahead. Do not wait until disaster strikes to do your research.
• Contact hotels and motels outside your immediate area to check policies on accepting pets and restrictions on number, size, and species. Ask if "no pet" policies could be waived in an emergency. Keep a list of "pet friendly" places, including phone numbers, with other disaster information and supplies. If you have notice of an impending disaster, call ahead for reservations.
• Ask friends, relatives, or others outside the affected area whether they could shelter your animals. If you have more than one pet, they may be more comfortable if kept together, but be prepared to house them separately.
• Prepare a list of boarding facilities and veterinarians who could shelter animals in an emergency; include 24-hour phone numbers.
• Ask local animal shelters if they provide emergency shelter or foster care for pets in a disaster. Animal shelters may be overburdened caring for the animals they already have as well as those displaced by a disaster, so this should be your last resort.
2. Assemble a Portable Pet Disaster Supplies Kit
Whether you are away from home for a day or a week, you'll need essential supplies. Keep items in an accessible place and store them in sturdy containers that can be carried easily (duffel bags, covered trash containers, etc.). Your pet disaster supplies kit should include:
• Medications and medical records (stored in a waterproof container) and a first aid kit.
• Sturdy leashes, harnesses, and/or carriers to transport pets safely and ensure that your animals can't escape.
• Current photos of your pets in case they get lost.
• Food, potable water, bowls, cat litter/pan, and can opener.
• Information on feeding schedules, medical conditions, behavior problems, and the name and number of your veterinarian in case you have to foster or board your pets.
• Pet beds and toys, if easily transportable.
3. Know What To Do As a Disaster Approaches
• Often, warnings are issued hours, even days, in advance. At the first hint of disaster, act to protect your pet.
• Call ahead to confirm emergency shelter arrangements for you and your pets.
• Check to be sure your pet disaster supplies are ready to take at a moment's notice.
• Bring all pets into the house so that you won't have to search for them if you have to leave in a hurry.
• Make sure all dogs and cats are wearing collars and securely fastened, up-to-date identification. Attach the phone number and address of your temporary shelter, if you know it, or of a friend or relative outside the disaster area. You can buy temporary tags or put adhesive tape on the back of your pet's ID tag, adding information with an indelible pen.
The Red Cross further advises that you may not be home when the evacuation order comes. Find out if a trusted neighbor would be willing to take your pets and meet you at a prearranged location. This person should be comfortable with your pets, know where your animals are likely to be, know where your pet disaster supplies kit is kept, and have a key to your home. If you use a petsitting service, they may be available to help, but you need to discuss the possibility with them well in advance.
Planning and preparation will enable you to evacuate with your pets quickly and safely. But keep in mind that animals react differently under stress. Outside your home and in the car, keep dogs securely leashed and transport cats in carriers. Don't leave animals unattended anywhere they can run off. The most trustworthy pets may panic, hide, and try to escape, or even bite or scratch. And, when you return home, give your pets time to settle back into their routines.
Planning for disaster is a part of the estate planning for your pet.
A Reader's Thoughts on Pet Euthanasia and Estate Planning
I have written extensively on the various views on euthanasia for pets.
I recently received this email from one of our readers in response to a previous posting by another reader.
I can't possibly condone euthanizing perfectly healthy animals just because I'm no longer around. I would think it best to plan for your companion animals as follows: (1) Name individual(s) who can have the first option of whether to take your animals when you die; or (2) If there is no such individual, look to the place that you got your pet. Any breeder, rescue or shelter worth a lick should have had a contract stating that they would take the animal back (and should be given the opportunity to OK the individual who you name in option #1); or (3) If that fails, look to the local shelter -- or rescue if you are not satisfied with your local shelter.
The reader's blanket statements just don't hold up. First, I do not understand the statement that cruel people adopt from shelters. Many, many wonderful folks adopt many, many wonderful animals from shelters every year. Second, there are so many incredible rescue organizations out there, many of which are foster only, with no cages at all. For that matter, more and more local shelters are also setting up foster programs.
Don't get me wrong -- I believe euthanasia has its time and place. It just seems incredibly egotistical to me to think that an animal shouldn't go on because I'm no longer around. I guess I have more faith in people, shelters and rescues than this particular reader.
Your thoughts or response?
How Do Other Nations Citizens Treat Their Pets?
Do other countries treat their pets the same as we do in the United States?
Betty Lou Lakeland, Florida
Well, Betty Lou, here is one example that is over twenty years old:
In 1987, The member States of the Council of Europe, entered into the European Convention for the Protection Of Pet Animals.
It defined a “pet animal” as any animal kept or intended to be kept by man, in particular in his household, for private enjoyment and companionship.
Under the Agreement, the principles of “Keeping” an animal include:
1. Any person who keeps a pet animal or who has agreed to look after it shall be responsible for its health and welfare.
2. Any person who is keeping a pet animal or who is looking after it shall provide accommodation, care and attention which take account of the ethological needs of the animal in accordance with its species and breed, in particular:
(a) give it suitable and sufficient food and water;
(b) provide it with adequate opportunities for exercise;
(c) take all reasonable measures to prevent its escape;
3. An animal shall not be kept as a pet animal if:
(a) the conditions of paragraph 2 above are not met or if,
(b) in spite of these conditions being met, the animal cannot adapt itself to captivity.
The entire text can be read here.
Some interesting issues and guidelines are presented in this document.
