Looking For A Pet Related Business?
I am often asked about various pet businesses.
There certainly are no shortages of businesses that involve pets that venture well beyond providing legal counsel.
Pet sitting.
Pet walking
Pet boarding
Pet spa.
Pet daycare.
Pet groomer.
Per “doggy duty” provider.
Pet hotel.
Pet airline.
Per transportation.
Pet funeral.
Pet memorial.
Pet coffin.
Pet urn.
Well you get the idea.
Any new businesses that I am missing that caters to pets?
Excellent Information On Pet Cemeteries
Reader Edward C Martin, III, recently responded to my post about possible problems with pet cemeteries.
He wrote:
For those who want to ensure that their pets remains will always be at the pet cemetery the pet owner should do the following prior to bringing their pet to the pet cemetery:
1. Use a pet cemetery that owns the land (rather than leases it);
2. Ensure that the land is deed restricted so that it can only be used for pet burials and no other purpose (i.e., it can't be sold to a real estate developer);
3. Use a well-established pet cemetery that is a member of the International Association of Pet Cemeteries;
4. Ensure that the pet cemetery has restricted trust funds earmarked for permanent maintenance and that the amount in those trust funds are sufficient;
5. Purchase perpetual maintenance for your plot (as opposed to annual maintenance) to ensure that your title/interest in the grave will never be lost should the annual bills not be paid due to your own death, incapacity, etc
6. Determine if the pet cemetery is regulated by state law (some states regulate pet cemeteries, some don't)
7. Do your own research on the pet cemetery you intend to use. Visit the grounds. Speak to the owners. Ask questions. Read their contracts. Educate yourself so that this scenario does not happen to you.
Great advice for those of you considering this alternative for your pets.
Is Pet Cemetery Being Unearthed a Legal Act?
I recently received an email from a distraught pet owner.
She had lost several pets and had placed their remains in a cemetery, located upon the property of her veterinarian.
While visiting the grave sites recently, she was informed that the property had been sold and that the grave markers were to be taken down and the animals removed.
Although there appears to be little statutory law that can assist this lady, she is receiving legal assistance from some local attorneys who are exploring the possibility of a restraining order as to the new owner of the property.
I will try to keep you advised as this story plays out.
Unfortunately, this situation could apply to any of us, as most case law still define pets as personal property.
More on Military Power of Attorney For Pets
I received a nice email from estate planning attorney Deirdre Wheatley-Liss, of New Jersey, on my recent post on Military Powers of Attorneys for Pets.
She wrote:
Great post - came under the heading of "things I didn't know" - so much so that this is the basis for my blog post tomorrow. I really enjoy how you keep tying your points to pets.
Well, true to her word, her blog post of Tuesday has some good information in this area and other tips for estate planning.
Visit her site here and become more educated.
Military Power Of Attorney Especially for Pets
I was speaking with a law professor this past week and she asked about a military power of attorney for pets.
There is a specific statute that can apply in this area.
The United States Code, Title 10, Armed Forces, Section 1044 b provides for Military Powers of Attorney.
The Code provides in part…
A military power of attorney is exempt from any requirement of form, substance, formality, or recording that is provided for powers of attorney under the laws of a State; and shall be given the same legal effect as a power of attorney prepared and executed in accordance with the laws of the State concerned.
For purposes of this section, a military power of attorney is any general or special power of attorney that is notarized in accordance with section 1044a of this title or other applicable State or Federal law.
Under regulations prescribed by the Secretary concerned, each military power of attorney shall contain a statement that sets forth the provisions of subsection (a).
…shall not be construed to make inapplicable the provisions of subsection (a) to a military power of attorney that does not include a statement described in that paragraph.
In this section, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and a possession of the United States.
A Special Military Power of Attorney for Pets can designate an individual or individuals to care for and maintain your pet (s) during your absence, and authorize any and all medical care necessary, including major surgery and humane disposal, as deemed necessary by the Veterinary Service:
The Military Power of Attorney can be for a time certain or until written revocation.
Or, as an alternative, The Military Power of Attorney can also be set up to state that if the Declarant shall be, or has been, carried in a military status of “missing”, “missing-in-action” or “prisoner of war,” then the power of attorney shall automatically remain valid and in full effect until sixty (60) days after the individual has returned to the United States Military control following termination of such status.
Massachusetts Governor Signs Pet Trust Legislation
According to a report by the Boston Herald, Governor Deval Patrick, of Massachusetts, has finally signed a law authorizing the creation of a trust to provide for the care of one or more pets, if the owner becomes disabled or dies.
The new law, dubbed "An Act Relative to Trusts for the Care of Animals," will become effective in 90 days.
It will authorize the creation of an enforceable trust with the pet as the beneficiary and can specify and designate the caretaker for the animal.
More than 43 states now have effective pet trust statute legislation.
Read more on the story here.
Will Massachusetts Governor Sign Pet Trust Legislation?
Massachusetts Governor, Deval Patrick, has until Sunday to sign pet trust legislation, that was first introduced in January of 2009.
Donna Turley, a Boston-based attorney helped draft the legislation that would provide for the enforcement of pet trusts.
Currently Massachusetts is in the minority of states that do not allow for estate planning for animal owners.
What Is The Status Of The Massachusetts Pet Trust Legislation?
A reader recently asked, “Do you know if the Massachusetts pet trust law was signed into law this year? Thanks.”
The simple answer is no.
A trust that would provide for the care of animals passed in the House in June of this year, but is currently stalled in the Senate.
Maybe a call to your legislator would help the cause.
