Halloween Tips For Pet Owners
Halloween tips from our good friends at the Humane Society of Naples...
The Humane Society Naples asks pet owners to pay extra attention to their pets’ comfort and safety on Halloween. For many pets Halloween night is truly a frightening experience. For these pets there are several ways to minimize the anxiety and danger pets face during this premier fall holiday.
First, it’s best to keep them inside that afternoon and evening, preferably in a softly-lit room in the quietest part of the home. Placing a radio in this room and setting it at low volume to a gentle, easy-listening station will mask some of the disquieting, unfamiliar sounds the pet would otherwise hear. Keeping the pet in a separate quiet room will have the added benefit of keep it from dashing out an open door, or worse, attacking a young trick-or-treater.
The lanai is not a good place for them either. It is unprotected and sometimes even magnifies the ambient sounds. Make sure to keep candy and decorations away from your pet—lit candles, too!
Pet owners who put costumes on their pets for a night out or just around the house should try to make sure the fit is comfortable and non restrictive for the pet.
Be safe and have a great Halloween.
Estate Plans For Service Dogs?
We have had some recent inquiries regarding estate planning for services dogs.
Our friend from north of the border, Attorney Lynn Butler, Senior Will & Estate Planner, Scotia Private Client Group, recently lead a discussion as to whether people do something different in their wills for guide dogs or service dogs than they do for a pet.
Remember that in most states, a service animal is not considered a pet.
There are specific state and federal laws need to be followed in this regard, including the Americans with Disabilities Act.
For example, the Florida law states, in part…
Florida State Law: Title 30 - 413.08 Rights of Physically Disabled Persons
(b) "Individual with a disability" means a person who is deaf, hard of hearing, blind, visually impaired, or otherwise physically disabled. As used in this paragraph, the term:
1. "Hard of hearing" means an individual who has suffered a permanent hearing impairment that is severe enough to necessitate the use of amplification devices to discriminate speech sounds in verbal communication.
(d) "Service animal" means an animal that is trained to perform tasks for an individual with a disability. The tasks may include, but are not limited to, guiding a person who is visually impaired or blind, alerting a person who is deaf or hard of hearing, pulling a wheelchair, assisting with mobility or balance, alerting and protecting a person who is having a seizure, retrieving objects, or performing other special tasks. A service animal is not a pet.
(4) Any person, firm, or corporation, or the agent of any person, firm, or corporation, who denies or interferes with admittance to, or enjoyment of, a public accommodation or otherwise interferes with the rights of an individual with a disability or the trainer of a service animal while engaged in the training of such an animal pursuant to subsection (8), commits a misdemeanor of the second degree, punishable as provided
in s. 775.082 or s. 775.083.
Estate planning for a service dog is indeed a very different process.
More to follow…
Family Fighting Over Millions In Pet Trust
I wrote earlier this year about the Gail Posner estate and the bequest to her Chihuahua, Conchita, of three million dollars.
Well the final chapter on this estate is not yet closed.
Ms. Posner'sson, who received only one million dollars, is contesting the will.
According to the Miami Herald,
“Whether Conchita keeps her millions will be decided in Miami-Dade Circuit Court, where Gail Posner's only living child, son Bret Carr, launched a legal battle this month over his mother's estate. Carr claims his mother was manipulated into changing her will in 2008, leaving millions to her dogs and hired help.”
You can read more here, but this large bequest for a family pet is not yet finalized.
Stay tuned.
Reader Needs Help To Replevin Her Dog...
Any attorneys in Maryland that want to reach out to help this pet owner that sent me this message?
"I am having trouble finding the help and answers to my problem. I have talked to several local lawyers to no avail. I am wanting to seek custody back of a puppy. I sold the puppy to a "friend"/coworker. I wrote up a contract with specifics on payment plan and the puppy starting shots, etc. One month later, no record of shots were received by me, and repeatedly asked new owner for said records. I did file a writ of replevin, and had new owner served by sheriff. Before the hearing, me and new owner made arrangements to start shots, etc.
Needless to say, I let my guard down and trusted that follow-up boosters and rabies were to be completed. I did withdrawal case as I truly thought new owner would be compliant. Well, these were not done and I again contacted new owner. I am not happy with their excuses and no proof of shots for puppy. I did however, contact last place of original shot, and received a record of said puppy starting these shots again. To date, I have not received copy of booster shot or rabies shot for puppy. I did send a certified letter to person notifying them of my intentions to seek custody again.
The courts here really have no idea how to handle a case like this, I am at my wit's end here, this puppy's health and life can be at risk here. I have talked to a few lawyers here about breach of contract, etc, and I am getting nowhere. It is getting really frustrating and each day that goes by, this puppy is at risk.
If you have any advice or need more info, please contact me. There is a little more to story, but trying to keep it short."
Contact me for the name and number if you are interested….
Why Do I Need An Emergency Power Of Attorney For My Pets?
Why have an emergency Power of Attorney prepared in advance for your pets?
Well, in the event that you are unable to provide for the care of your pets, you could authorize an Agent to act on your behalf.
The Power of Attorney would allow the Agent to take emergency and temporary possession and custody of your pets and spend such amounts of your money as may be necessary for their health, care and welfare.
The Power can also give the Agent the ability to pay for food, veterinary care or insurance, toys and other recreational activities, as well as temporary boarding and pet-sitting fees.
It can also specify that the Agent makes sure that your pets receive the same standard of health, care, and welfare as you would normally provide.
When your emergency has ended, you can simply rescind the Power of Attorney and return to taking personal care of your pet.
It will only be used in an emergency and is for the protection of you and your pets.
A win-win situation for all involved.
Do I Need Liability Coverage For My Dog's Estate Plan?
Are your pets covered under your homeowner’s owner’s policy?
That is a good question without an easy answer.
You first need to review your current policy.
You are probably covered for damages that they cause to others.
However, more and more insurance companies are requiring a separate endorsement with an additional premium for this coverage.
The purchase of this coverage may not really be an issue, because as the owner of a pet, you are already liable for any damage caused by their pets.
Insurance may pay for any losses caused by your pet, but make sure that the monetary cost to you is worthwhile.
Alternatives To The Traditional Pet Trust
There are some other viable options with estate planning for your pets, in addition to the traditional pet trust.
You can leave your pet to an animal sanctuary and hope that it remains open after your demise.
Or, you may leave your pet to a veterinarian program or humane society, but it will probably be at a considerable financial cost.
You may also leave your pet to a life-care center or rescue organization, but it will not have the same home setting atmosphere for your pet.
In addition, of course, you can leave a bequest in your will, but it will not take affect until your death.
Business Insurance For Pet Kennels
I was recently involved in a discussion with some entrepreneurs who were interested in opening a dog kennel/boarding facility.
The issues of insurance coverage were fully discussed and I offered the following information.
If you are considering this type of business, you should investigate the costs of:
Liability Coverage
Directors and Officer Liability
Property Damage Coverage.
Bonding, and
Accidental Medical Coverage.
Most of these policies are available from commercial insurance brokers.
The costs will vary substantially between geographic areas, as well as the business entity status, particularly for non-profits.
Make sure that you and your business are protected.
Is Freeze Dry a Part Of Your Estate Planning For Your Pets?
Okay, some say that pet owners are obsessed with their pets and that even thinking about a pet trust or estate planning for a pet is a silly idea.
Well, maybe so, but I think that there may be even sillier ideas to consider.
Perpetual Pet, a West Virginia company, posts on their website that:
"We at Perpetual Pet know that the loss of a dearly loved pet is a very difficult experience. Through the use of new techniques in freeze dry technology, we can offer a "Loving and Lasting" alternative to burial cremation or traditional taxidermy. Freeze-dry pet preservation creates a lasting memorial and more importantly, preserves your pet in a natural state thereafter, without any alteration in appearance. This allows pet owners to see, touch and hold their pets, and in a sense, "never have to let go." Best of all, freeze-dry pet preservation results in the preservation of your pet's actual, physical body. This is in sharp contrast to the conventional method of taxidermy, in which only the outer hide of the animal typically remains, attached to a plastic form or other type of artificial mounting."
If this is your idea of estate planning for your pets, you might want to visit their site here.
I will pass.
