Pet Trust Law Blog : Pet Trust Lawyer & Attorney : Dan Meek Law Firm : Estate Planning, Pet Guardians, Will Provisions

I recently heard that animals might be included in some laws outlawing stalking. Can this possibly be true?

Jeff                                                                                  San Diego, California

Jeff, there are a handful of states that do include domestic animals and livestock in their respective stalking statute.

Missouri, for example, has the following definition:

Crime of stalking--definitions--penalties.
565.225. 1. As used in this section, the following terms shall mean:

...(2) "Credible threat", a threat communicated with the intent to cause the person who is the target of the threat to reasonably fear for his or her safety, or the safety of his or her family, or household members or domestic animals or livestock as defined in section 276.606, RSMo, kept at such person's residence or on such person's property. The threat must be against the life of, or a threat to cause physical injury to, or the kidnapping of, the person, the person's family, or the person's household members or domestic animals or livestock as defined in section 276.606, RSMo, kept at such person's residence or on such person's property; …

This statute was enacted in 2008 and I believe that it was the first of it’s kind in the United States.

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Are there any tax concerns to address with estate planning for animal owners?

Dottie                                                                                            Piqua, Ohio

Dottie, indeed there are…

We always recommend that you involve your CPA or tax adviser when you are planning for your pets.

Depending upon the type of trust or will clause that you use and the state where you reside, there may be gift, income, inheritance or estate tax consequences involved with this estate planning.

These various taxes may be assessed against either the Settlor of the Trust, the Trustee, the Caregiver or the Estate, via the Executor.

Careful tax planning is essential with any form of estate planning.

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I would like to give a big thank you to staff writer,Rebecca Berfanger, for her nice story about our blog and activities in the Indiana Lawyer.

The Indiana Lawyer is a weekly publication dedicated to Indiana law and attorneys.

You can see the entire story here.

Yes, the story is about me, even though she refers to me as Dan Meeks, throughout the story.

Bad publicity is better than no publicity.

Thanks again.
 

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I recently received an email from one of our readers warning about animal groomers.

She advised that owners should be careful of the groomers that they use, as many are not licensed or qualified and can cause harm to your pets.

She wrote…

   "I was reading your blog and thought you should be aware of something so you can tell your readers. I have some very heartbreaking news to tell you today, but luckily there is something we can do. In Canada, there have been a number of cases of reported Animal Cruelty within the dog grooming community, including one specific case that is outlined on this website. They claim that a former prostitute decided to open up a grooming shop, and not only did a dog pass away immediately after she worked with it, but apparently she also lied about where she was boarding dogs for weekends, leaving them to just wander unattended in her shop! This next part may be difficult to hear, but there were also reports of dogs being beaten when they were groomed :-( It breaks my heart to hear about stories like this, but this site is going to make a law in Canada so that they can have dog groomers licensed!
Regardless of anything else if it can help stop animal cruelty then I would sign their petition in a second! The website is http://www.paulahatton.ca for those who want to sign."

A very concerned,
Tasha Smith

Check out the site for further information and do your own homework where you pets are concerned.
 

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I would like to take the opportunity to thank writer Sheyna Steiner for the nice mention of our blog in her recent article on financial planning for cat and dogs at www.Bankrate.com.

Part of her story is as follows:

   Unfortunately, a large number of attorneys involved in estate planning are also unaware of the option of providing for companion animals, Meek says.

"It's hard to believe that a lot of attorneys are still unaware of this, but we're educating them more and more on it," he says. "Clients get most of their education from the professionals who are helping them out."

Go to their website for the full article and some grate information on pet insurance as well.

Thanks, Sheyna!

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Our good friend Patricia Collier, at FloridaPets.net, gives us her yearly reminder that hurricane season is here once again.

She provides the following tips for you and your pets:

BEFORE THE STORM

Prepare a hurricane kit for your pets to include:
____1. Secure pet carriers for cats and small dogs and sturdy leashes/harnesses for larger dogs and appropriate-sized crates or cages for other type pets such as reptiles, birds, etc.

___2. Place medications and medical records, including proof of current vaccinations, in a waterproof container.

___3. Check and see if your vet provides something like a laminated card with proof of current vaccinations at each annual visit which can be used at motels and hotels in case evacuation is necessary.

___4. A two week supply of any medication your pet may be taking on a regular basis and familiar food and water. Also take bowls and a manual can opener.

___5. Cat litter/pan, extra litter and a litter scooper.

___6. An information sheet including: medical conditions and treatment schedule if needed, feeding instructions, name and phone number of your veterinarian or a kennel outside your area in case you need to board your pets - an arrangement which is, of course, not going to be your first choice. Trust us, it's simply safer to keep your pet(s) with you during times of disasters.

___7. Current photos of your pet(s) in case they get lost. Also, be sure each of your animals have name tags, rabies tags, etc., securely fastened to their collars. Important Note: When planning to evacuate, attach the phone number and address of your temporary shelter or of a friend/relative outside the affected area to the back of your pet's ID tag.

___8. Portable pet beds, a familiar blanket, and lots of toys.

___9. Plan ahead to have a safe place to take your pets because public shelters, like the ones operated by the Red Cross, do not allow family pets. Service dogs are an exception.

To see the rest of her tips, visit her website here and begin to plan for you and your pets.

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I am taking the weekend off to enjoy with my family and my dog.

I suggest you do the same.

Eat,

Relax.

Play.

Enjoy.

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If you are considering a lifetime care program for your pet, with either a charitable or a private facility, there are some basic areas that you should consider when making your choice.

     A short list might be:

     The initial and total financial costs for you or your estate for each of your pets.

     The level of medical care that you can expect for your pet including the number and qualifications of the veterinarians that will be providing the care.

     The total number of pets (capacity) that the facility can sustain.

     The overall physical layout of the facility. Are the animals kept in cages or individual rooms or shared facilities?

     The ability to request specific foods or diets for your pet or designate their daily physical program.

     The reputation of the facility, including the number of years that is has been in existence and the quality and number of the staff members.

This is certainly not an all-inclusive list, but it may provide a starting point for your search for the appropriate facility for your pets.
 

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Intrinsic value is generally defined as the inherent worth of something, independent of its value to anyone or anything else. One way to think about intrinsic value is to view it as similar to the inalienable right to exist.

The Endangered Species Act in the United States protects many species that are not "valuable" to humans in any readily definable way (for instance, the dwarf wedge mussel [Alasmidonta heterodon] or the swamp pink [Helonias bullata]). These species are protected based on the idea that they have a right to exist, just as all humans do.

In the ever expanding area of companion animal law, a jury in Broward County, Florida (Miami) recently returned a verdict that stated that the “intrinsic value “of a pet rottweiler was $20,000.00!

The dog’s owner sued a kennel where she had boarded her pet, alleging that the Vet was negligent when he failed to provide adequate medical care. Because of this inaction, the rottweiler died.

The members of the jury found that the owner was entitled to the “companionship loss” of her dog, and not the usual “fair market” or “replacement value" of the pet.

You can read more about this case here.

A very interesting, far-reaching and expanding decision in favor of pet owners. It will be interesting to sell how other jurisdictions respond.
 

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Banfield Pet Hospitals serve communities and neighborhoods across the United States. The Banfield Charitable Trust was established to give back to those communities.

According to their website,

   "The Trust's mission is to extend the Banfield vision of treating Pets like family beyond our hospital walls in the communities we serve by offering hope and support to Pets and the people and communities who love them. Perhaps no other national, non-profit organization is better suited to meet the diverse and unique challenges faced locally by Pets, families, schools, and community organizations."

According to the Tampa Bay Newspaper On line, the Banfield Charitable Trust recently announced a new program, Pet Peace of Mind, which recognizes and actively supports the unique bond between hospice patients and their pets.

The article states, in part:

   "Pet Peace of Mind, which is targeted to nonprofit hospices across the country, allows patients to complete their end of life journey without worrying about their pet‘s current or future needs. The initiative provides training and funding for hospices to start local programs that deliver volunteer pet care services for patients who are unable to care their pets while in hospice.

   The program gives recipients financial assistance with routine veterinary care, pet transportation to vet appointments, pet boarding and walking, and access to pet food..."

We do not use or endorse Banfield Hospital, be it seems as though this action is certainly one to be promoted and acknowledged.

Thanks to Banfield Charitable Trust from all animal owners!
 

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I often receive requests from pet owners for information on potential caretakers.

Many individuals, without specific friends or family to nominate, are sometimes hesitant to have BIG University or BIG boarding kennel as the caretakers.

Well, interestingly enough, I recently received the reverse inquiry.

That's right. I have had contact from an individual who is interested in becoming a caretaker.

Here is some basic background information.

This person lives in Tuscaloosa, AL. She is from California and her stepfather was the ex-mayor in her city where she lived. In 2006, she was a volunteer Citizen on Patrol with the Palm Springs, CA police department. The rescue work she did was in Orange County, CA and she may be able to contact the  vet who was in charge of setting up the facility in Huntington Beach, as a personal reference.

She wrote to me as follows:

..."I'm happy to provide answers to any questions. I have one year of law school left and then I plan on working in AL, Atlanta, or DC. With the pets that I have I will again rent or buy a large house (apts don't like large dogs).

   I'm willing to take care of the pet for its natural life, be it a dog, cat, rabbit, rat, bird. I know it can be difficult to find someone to take in a person's pets who has passed away, especially someone you can trust. I am very trustworthy and responsible and would be committed to following the owner's wishes. Of course, this would also help me get through school financially so it is a win-win situation. I've worked at a lot of wildlife rescue centers and in the last 15 years adopted two dogs (one passed away) 4 rats and a rabbit (also deceased now), and several cats. All were strays that found me. I believe that when you take in an animal you are responsible for it for life.

   I can promise that I am very loving toward animals, very understanding, can communicate well with them, and always provide excellent care. From what I know I give each pet more attention per day than many people give to their own children!

   If there is a request from an owner that I feel I couldn't accommodate (say 4-5 walks per day or something like that) I would be honest about that and turn down the job."

If anyone wants to speak with this individual or secure the necessary references, contact me directly.

By way of full disclosure…I do not personally know this individual and we have only had communication via email.
 

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John O’Brien is an experienced estate-planning and probate attorney in Wethersfield, Connecticut.

He is an active advocate of the newly proposed legislation regarding the passage of language to provide for Pet Trusts and has been keeping us apprised of the pending bill in that state,

In a recent post on his blog, the Connecticut Estate Planning Report, he wrote that there are actually two different bills that have been offered for adoption.

He also questions the real motive for the passage of one of the bills.

He wrote:

   In large measure, the two Bills are similar. There is one significant difference from the perspective of a client that wants to establish such a trust -- any trust must be approved by the Probate Court. Apparently the Legislature sees this as an opportunity to generate revenue for the Probate Court because the Probate Courts will charge a fee of between $50-$750 to review the trust. This change creates all kinds of logistical problems for the implementation of these type of trusts, albeit ones that can be overcome, but certainly ones that are better avoided...."

You should go to his blog to view his entire article.

We will look to Mr. O’Brien to keep us in the loop as this law progresses…or not.
 

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We wrote in March that our home link had been added to one of our favorite websites, FloridaPets.Net and we recommended that you sign up for their informative newsletter.

Even non-Floridians will find a wealth of valuable and entertaining information for safe travel, welcome lodging and easy dining  with your family pets.

Now, we are very pleased to be included as a contributor to their latest newsletter.

Click here to read our article on Pet Trusts and return to their site often for good information.

Thanks to Patricia Collier and her entire staff for allowing us to work with their on line publication.
 

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The economy may be stumbling daily.

Unemployment may be on the rise.

Foreclosures may be occurring nationwide.

But, animal owners continue to take care of their pets.

According to a survey of National Pet Owners by the American Pet Products Association, over $43 billion dollars were spent on pets in 2008.

For 2008, it estimated that $43.4 billion was spent on our pets in the U.S.

The breakdown is as follows:

Food                                                                                 $ 16.9 billion
Vet Care                                                                           $ 10.9 billion
Supplies/OTC Medicine                                                $ 10.3 billion
Live animal purchases                                                 $   2.1 billion
Pet Services: grooming & boarding                            $  3.2 billion

For additional information, visit their website here.

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The central concern of any estate planning for animal owners is to provide for the continued care of their pets, after the owners are gone.

Care requires money for boarding, vets, food, medicine and essentials, like new toys.

Perhaps the most famous story of animal wealth involves Leona Helmsley’s dog, named Trouble, who received millions of dollars from his owner upon her death.

We know that if the amount of money that is left to the pet is unreasonable or unrealistic, the trust may be challenged. The larger the amount left for your pet, the higher the percentage of a challenge, especially, by a disgruntled relative.

I have also noted that many individuals find the whole concept absurd and a waste of money.

Well recently, I was alerted to a website, called bankling.com, by my friend Stacey.

Bankling states that it is your guide to the intersection of three topics: money, the Web and life.

Bankling has a story by Miranda Marquit that reviews the world’s richest dogs.

Moreover, we are talking RICH dogs, beginning with Gunther IV, a German Sheppard commanding a wealth of over $350 Million.

You can read the whole article here, but I must warn you, it might make your take home pay stub look very small.

 

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I recently wrote about the proposed legislation in Connecticut regarding statutory pet trusts and have received many different responses.

I posted some of them here.

Apparently, this issue has really struck a nerve during these difficult economic times, as I continue to receive additional comments.

The most recent one is here, written by Robin;

  "I volunteer with an Animal Rescue group in CT and I also have seven cats of my own. I've seen, too many times, when an owner dies or goes into Assisted Living, that their pets are either euthanized or there's a crazy rush to find placement in a foster home or shelter for the animal. Often, those animals, themselves, are sick or elderly. It's difficult and time consuming to find older animals homes and many end up dying while waiting for placement. It hits the Rescue groups in the pocket since we can barely afford food and litter and now we have to come up with medical care costs, too. We could do far more to save more animals if we didn't have the burden of caring for pets without Trusts.

   What this Bill would do is to allow Rescue groups to place animals with senior citizens (which rescue groups are reluctant to do now) without fear that those placements would be bad for the animal. This would also allow so many MORE animals to find homes, it might very positively effect the number of animals that die every year---and we're STILL looking at MILLIONS of animals being killed due to overcrowding in Shelters.

   "Yes, the Economy stinks and there are many problems in this world. Regardless of the timing, it's something simple that can be done and put into effect NOW. It's a quick fix to a long term problem. Let's fix it and move on. I think it's a GREAT idea and I hope the Bill is passed and other states join us..."

You  can visit their website here.

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I am looking for a pet sitter for my two dogs Buster and Billie. I personally know some neighbors that provide this service. I have read some information on your blog and am curious as to the issues of bonding and insurance for the protection of my pets.

Tommy                                                                                                      East Lansing, MI

Tommy, unfortunately most state do not have any specific regulations regarding pet walkers or pet sitters. It is probably not even necessary to have a business license in most jurisdictions.

I found some excellent information for you to review at Petsitusa,com.

They discuss bonding, licenses and insurance:

   Insurance
Pet sitter liability insurance works much like any other insurance. It covers accidents that may affect the client’s pets or property while the pet sitter is on an assignment.

   Bonding
Bonding is most appropriate for companies that hire employees. A fidelity bond (or dishonesty bond) usually insures a business in the event that an employee steals from a client. If this happens, and the employee is found guilty of theft, the bonding company will pay for the stolen items. Many sole-proprietors are bonded, but this is mostly for their clients’ peace of mind.

   Licenses
A business license and a professional license are quite different, and anyone who hires a pet sitter should know what those differences are.

You can read the rest of the article here.

Pet sitters or walkers have a great deal of responsibility for your pets.

Make sure that you know these individuals and are comfortable with their skill levels and concern for your pets.
 

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Many times, I provide information on websites about animals and pets that may or may not be commercial ventures.

I try not to recommend or condemn any of them.

They are what they are, and you can patronize them or avoid them as you choose.

However, I received the following email from a friend and it seems like a worthwhile proposal to me:

   "Animal Rescue

Hi, all you animal lovers. This is pretty simple... Please tell ten Friends to tell ten today! The Animal Rescue Site is having trouble getting enough people to click on it daily to meet their quota of getting free food donated every day to abused and neglected animals. It takes less than a minute (How about 20 seconds) to go to their site and click on the purple box 'fund food for animals' for free. This doesn't cost you a thing. Their corporate sponsors/advertisers use the number of daily visits to donate food to abandoned/neglected animals in exchange for advertising. Here's the web site! Pass it along to people you know."

Go the site. Take a look. If you believe it is a good thing, help them out.

Thanks.
 

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I am often asked how much money is enough to adequately fund a pet trust.

Of course, there is no easy or simple answer.

There are many variables involved in the amount required and it certainly depends upon the type of life style that you anticipate for your pet and the specific animal involved.

Your pet turtle may live for 120 years and your parrot for 80, while your little mouse Michele, will provably have a relatively short time here of about four years.

I you want to review some guidelines for the life span of various animals go here and look.

It may provide some guidance to the answer to this difficult question.
 

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We have previously written on numerous occasions about one of our favorite web publications, FloridaPets.net.

It is an abundant source of reliable and valuable information for pet owners, not only for Florida, but also throughout the United States.

The owner, editor and head honcho for this site is Patricia Collier and she has been kind enough to add our blog to her monthly newsletter.

Go here, sign up for the informative publication and check out the picture of Anna on the front page.

Thanks, Patricia.
 

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On Thursday, March 12, in the Ridgefieldpress.com, a reader responded to a follow–up story that I posted about here on March 11.2009.

The reader’s response is to the filing of a bill in the Connecticut Legislature by State Senator Toni Boucher calling for the introduction oa statutory Pet Trust.

The readers comment is below:

   "#1 marthamad
2009-03-1206:37:37 You kidding me? The world is falling apart and Boucher is worried about trust funds for dogs? People can't pay their mortgages and she's working to make sure Fido doesn't run out of Grey Poupon! This is why we elected her to the Senate?"

Let us know your response.

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Just recently, I wrote that Maryland was the latest state attempting to pass legislation for a statutory pet trust

Now, it seems, that Connecticut may follow that trend.

Connecticut Senator Toni Boucher has proposed a bill that provides for the creation of trusts for the care of domestic animals. The bill would allow pet owners to create a trust that terminates when the last animal named dies or 90 years after its creation.

"The question of who cares for a pet after the death of its owner is troubling to many people," said Boucher in a press release.

"Some pets, like parrots, can live for 40 to 80 years," she said. "If a pet owner becomes ill, incapacitated or dies, it makes sense to have already decided ahead of time how to provide one's beloved pets with food, shelter, veterinary care and companionship."

A draft of the proposed legislation is below:

AN ACT CONCERNING THE CREATION OF TRUSTS FOR THE CARE OF DOMESTIC ANIMALS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2009) (a) A testamentary or inter vivos trust may be created to provide for the care of a domestic animal alive during the settlor's lifetime. Such trust shall terminate upon the earlier of (1) the death of the domestic animal or, if the trust was created to provide for the care of more than one domestic animal alive during the settlor's lifetime, the death of the last surviving domestic animal, or (2) ninety years after its creation.

(b) A trust authorized by this section may be enforced by a person appointed in the terms of the trust instrument or, if no person is so appointed, by a person appointed by the Probate Court. Any person having an interest in the welfare of the domestic animal may petition the court to appoint a person to enforce the trust or to remove a person so appointed.

(c) Property of a trust authorized by this section may be applied only to its intended use for the care of the domestic animal, except to the extent the Probate Court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust instrument, property not required for the intended use shall be distributed to the settlor, if then living, otherwise to the settlor's successors in interest.

(d) Any person designated pursuant to the terms of the trust instrument may act as trustee of a trust authorized by this section. Any such trustee may also be designated as a remainder beneficiary of such trust pursuant to the terms of the trust instrument. For the purposes of this subsection: (1) "Person" means a natural person, corporation, limited liability company, trust, partnership, incorporated or unincorporated association or any other legal entity; and (2) "remainder beneficiary" has the same meaning as provided in section 45a-542a of the general statutes.

We will keep you advised as this bill winds through the legislative corridors.

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Can you rent a pet?

Yes.

Should you rent a Pet?

Well, obviously opinions vary.

FlexPetz is probably the pioneer in the commercial field of pet sharing or, more specifically, pet rentals.

Started in 2007, the FlexPetz website sets out the basic premise of their business

   "FLEXPETZ is a shared dog ownership concept that provides our members with access to a variety of FLEXPETZ dogs. All FLEXPETZ dogs complete obedience training and some FLEXPETZ dogs are certified as therapy dogs.

   Through the FLEXPETZ shared dog ownership concept, members can spend from just a few hours to a number of days with each of our dogs. FLEXPETZ dogs are available in varied breed sizes to ensure compatibility with our member's individual lifestyles and unique circumstances."

Apparently, not everyone agreed with the program.

FlezPetz is now closed, due to legislation passed in Boston.

The website explains as follows:

  " In July 2008, the company put operations on temporary hold. Since launching in early 2007, the concept, while often misunderstood (or deliberately maligned as part of the agenda of others), has been a great success.

   FLEXPETZ is seen by many sensible and intelligent animal lovers as a revolution in dog adoption, and has been well supported. It has helped dogs and families, and has been a financial success. However, early in 2008, politicians from Boston decided to mount a campaign specifically targeting FLEXPETZ. Their agenda was to bring in a law "banning pet rental". The proposition was introduced by these elected politicians who NEVER spoke to the company, or visited our facilities, or met our dogs or spoke with our members. If they had, they would have quickly realized that FLEXPETZ is not a "Blockbuster for dogs", but a new way of approaching responsible dog adoption and ownership.

   Although this law in Boston was passed, the legislature's failure to contact FLEXPETZ ensured that the law that was brought in is ineffective and a waste of taxpayer's money - and is likely to lead to the death in shelters of hundreds of dogs that could have been placed in homes by FLEXPETZ. However, the actions of these politicians (supported by the likes of the MSPCA who perhaps fear that this new adoption model might affect their own bottom line) did come at a time when our company was ready for expansion and the pending proposed legislation did halt further investment from our main funder..."

This may have been one of the first, but it will probably not be the last to try this business arena.

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The majority of States that allow for Statutory Pet Trusts may soon increase their number by one.

Currently, 39 states and the District of Columbia recognize some type of pet trust authorized by the legislature.

Recently, A. Wade Kach, a Baltimore County Republican, introduced legislation that would provide for pet trusts in Maryland.

The financial trust that has been proposed could be set up for the lifetime of the animal if the owner dies before their pet.

In light of history, this legislation may or may not pass. A previous bill introduced in the Maryland Senate in January of 2006 (Senate Bill 235) failed to pass.

Maybe this time, the politicians will get it right.
 

We will keep you advised.

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My son Stephen is leaving for a tour of duty in Iraq. In light of the totality of the dangers involved, it may seem trivial, but he has four hunting dogs that he absolutely adores and wants to provide for them while he is gone. Is there any special documentation that you can suggest?

Marilou                                                                         Greers Ferry, AK

Marilou, thank your son for his service and I sincerely hope that his tour is relatively incident free.

I have previously written about Military Powers of Attorney here.

A Special Military Power of Attorney for Pets can designate an individual or individuals to care for and maintain pet (s) during a military absence, and authorize any and all medical care necessary, including major surgery and humane disposal, as deemed necessary by the Veterinary Service.

Visit the above posting for additional information.

And, good luck to Stephen
 

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For those of you that regularly travel with your pets, I suggest that you view a valuable website called takeyourpet.com.

This site has several useful online publications including guides for travel by car, by air and general travel tips.

In addition, they have suggestions for lodging etiquette tips when traveling with your pets.

They offer an excellent checklist of common sense and courteous rules for you and your pets to follow while staying at a public facility.

You can check out the entire list of suggestions at their site.

Follow them when you travel with your pets and all parties involved will be better served.
 

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Like many states, Maryland has a “Pet Lemon Law” that has been established to provide  monetary recourse for the purchasers of “sick pets.”

Now a legislator, State Rep. Lawrence Cafero, wants to force pet sellers to cover veterinary expenses that consumers incur when they have to care for a sick animal, at up to twice the purchase price of the animal.

The law would apply to any disease or injury that existed at the time of sale, including hereditary or congenital problems.

The law also would require sellers of pets to advise purchasers of the obligation.

You can read more on the proposal here, in a report by David Funkhouser in the The Hartford Courant.

Another step in the protection of pets.

Increasing infringing actions by the State or a result of increased demand from pet owners?
 

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San Diego Estate Planning Lawyer, Roy M. Doppelt's has a good post on Seven Reasons to Have a Pet Trust.

The first two reasons are here:

   "1. You have pets with a long life expectancy. Some pets are almost sure to outlive you. Birds and reptiles have exceptionally long lives. Some turtles can live almost 100 years. A macaw for example can live to be 80. Horses have a life expectancy of twenty to thirty years.

   2. You live alone. If you live alone with your pet, you need to consider who would step in and care for your pet if something happened unexpectantly to you."

Go to his website to read the rest of his reasoning.

If one of his ideas will move you to act on these issues, you and your pets will be much better off for your actions.

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One of the reasons that I present this blog is to assist with the education of pet owners.

I am very pleased to announce that I have been able to be a part of a group to take another step forward in this area.

In cooperation with the Humane Society of Naples, Florida and their superb collection of legal advisers, the Florida Bar has approved a Continuing Legal Education class in “Estate Planning for Animals Owners.”

As the Chairman of the Planned Giving Advisory Council of the Humane Society, I am especially proud of the achievement.

If I can help your local humane society, civic group, local veterinarian, pet club or just educate your community on these very important issues, please contact me via this site.
 

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I recently found another good article in a long line of posts on the changing face of the law regarding the evaluation of pets.

There is an excellent piece by Peter Lewis on MSN Money that reviews the changing attitude of society and the value of their pets as companion animals.

We have cited on numerous occasions the informative and helpful site of the nonprofit Animal Legal Defense Fund.

The ALDF promotes the study of animal law in law schools and funds and files friend-of-the-court briefs on behalf of animal cases.

Mr. Lewis writes about the good work of the Fund;

It cites studies showing that:

* 45% of dog owners take their dogs on vacation.

* More than half of "companion animal" owners would prefer a dog or a cat to a human if they were stranded on a deserted island.

* 50% would be "very likely" to risk their lives to save their companion animals.

Mr. Lewis also provides some interesting issues on the evolution of malpractice actions against veterinarians.

Read the rest of the article here and find out more about the direction of the law.
 

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Bob Barker is well known as the long time host of the zany television game show, “The Price is Right.”

Screaming, hysterical people trying to guess the price of everyday and rare objects, with Barker leading the cheering of the crowd.

There is, however,  clearly another side to this T.V. pitchman.

Bob Barker's DJ&T Foundation has contributed millions of dollars to fund animal rescue and park facilities all over the country.

Established in 1995, the DJ & T Foundation is a non-profit foundation devoted to  the support of low cost spay/neuter clinics and voucher programs  throughout the United States and the District of Columbia.

Recently, Mr. Barker made news by the announcement that he was donating One Million Dollars to the University of Virginia to establish an animal law program at the law school.

You can read the entire story here.

You never really know who wants to help the animal world or when that help will come.
 

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We have previously spoken of one of our favorite web publications, FloridaPets.net.

It is an abundant source of reliable and valuable information for pet owners, not only for Florida, but also throughout the United States.

This month’s newsletter has a page devoted to resources for pet owners that are suffering through this difficult economic time and might require financial assistance.

It not only provides a listing of humane societies throughout the country, but also has additional sources that are both public and private.

If you are one of the many pet owners that are in this position of financial hardship, go to FloridaPets.net and check out the alternatives.

No, this is not an offer of a bailout.

However, it is better to seek help than the possibility of the need to abandon your pet.
 

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When you establish your Pet Trust, you should be clear and provide very specific information about your pet to your caregiver.

Even if the new caregiver knows your pet very well, they still need as much information as possible to make a new and happy home for your pet.

At the very least, the following information should be provided;

Identify any specific behavior or habits of your Pet,

Is your pet basically an indoor or outdoor Pet,

Identity the Breeder of your Pet (if applicable),

Identify the brand of food that you feed this Pet,

What are the usual feeding time schedules and the amount of food for each meal,

Identify any special medications, supplements or other dietary needs,

Identify the location of all medical records, inoculation and spay/neuter certificates,

Identify the daily routine for your Pet including the specific (if any) location for sleeping, eating, baths, grooming, walking or exercise locations and interaction with other local animals, special play activities, how to calm your pet when it is disturbed or in fear and adaptations to travel, and

Identify the favorite toys or play objects for your Pet.

The more information given to the caregiver, the smoother the transfer for all parties.
 

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If I have provided for my dog Derron in my will, why do I need to consider a Trust Agreement?

Chandra,                                                Milroy, Indiana

Chandra, first of all, I applaud you for including your pet in your estate planning.

Second, keep in mind, that a will only becomes operative and effective when you die.

It can direct who will take care of your pets and how those tasks will be completed only after your death.

A valid Trust can provide for immediate care of Derron in the event that there is an emergency and you become ill or incapacitated.

You can nominate alternate caregivers for your pet and establish methods to fund and pay for the Trust.

A provision for your pet in your will is a good start; now begin the New Year with some planning and thoughts for a Pet Trust.

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One of the key decisions that you need to make when you set up a trust for your pet, is who should serve as the animal caretaker and then the alternate caretaker, if the original is unable, for whatever reason, to be able to perform their duties.

The most obvious choices are a friend that is familiar with your pet or another family member.

Secondary options may include a local breeder, animal sanctuary or even your pet’s veterinarian.

Recently, a number of animal sanctuaries, also called pet retirement homes, have emerged that will provide care for an animal until its demise. These facilities vary greatly in terms of the environment they provide, the cost of placing an animal within the sanctuary and the type of compensation that they will accept. For example, some sanctuaries may accept only cash donations, while others are willing beneficiaries of a charitable remainder trust.

These animal sanctuaries or retirement center may be cost prohibitive or require a specific donation amount before they will accept your pet.

Estate planning for you and your pets is exactly that, the need to plan.

Start the New Year off right.
 

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Many pet owners cannot stand the thought of leaving little Flu Flu at a veterinarian or at a boarder while they are whist away to some exotic vacation spot.

On the other hand, if you simply must have your pet with you and shudder when you watch little Fido stuffed into a cage and then stashed under the cold lonely belly of the plane.

Another alternative may be on the way.

Although there are no flights yet scheduled, you can become a member of the newest airline to support your pets.

According to their website, PetAirWays will begin a new concept in pet travel next year:

   "Pet Airways was created because we love our pets and we were distressed by the conditions they had to endure to fly.

   Our pets are not luggage, so why should they fly in the cargo hold where it is dark, scary, noisy, very cold or very hot, and basically a terrible experience?

   Pet Airways is the first pets only airline specifically designed for the safe and comfortable transportation of our pets.

   Our pets travel in the main cabin of our specially outfitted aircraft,with climate and lighting controlled for comfort and safety and with a pet-attendant always watching over the pets. "

The airline is supposed to have a fleet of twenty cargo planes to travel to all of the major cities in the United States.

If you have any interest, visit their **site for further information.

It may be a bit over the top for some of you, but who knows?

**Pettrustlawblog.com does not endorse or recommend PetAirWays in any manner, but offers their site  for your review and consideration.
 

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We want to give you some final reminders for safety for your pets as the holidays are really, really here.

The American Society for the Prevention of Cruelty to Animals has the following advice:

   "O Christmas Tree:

Securely anchor your Christmas tree so it doesn’t tip and fall, causing possible injury to your pet. This will also prevent the tree water—which may contain fertilizers that can cause stomach upset—from spilling.

   Tinsel-less Town:

Kitties love this sparkly, light-catching “toy” that’s easy to bat around and carry in their mouths. But a nibble can lead to a swallow, which can lead to an obstructed digestive tract, severe vomiting, dehydration and possible surgery. It’s best to brighten your boughs with something other than tinsel.

   Toy Joy:

Stuff your pet’s stockings with gifts that are safe:

• Many a dog has been known to tear her toys apart and swallow the pieces, which can become lodged in the esophagus, stomach or intestines. Stick with chew toys that are basically indestructible, digestible chew treats or Kongs that can be stuffed with healthy foods.

• Ribbon, yarn and loose little parts that can get stuck in a cat’s intestines often necessitate surgery. Surprise kitty with a new ball that’s too big to swallow, a stuffed catnip toy or the interactive cat dancer—and tons of play time together.

   Forget the Mistletoe & Holly:

When ingested by pets, mistletoe can cause gastrointestinal upset and cardiovascular problems. Holly can cause nausea, vomiting and diarrhea, and many varieties of lilies can cause kidney failure in cats. Opt for just-as-jolly artificial plants made from silk or plastic, or choose a pet-safe bouquet."

A little planning and prevention can protect your pets during this season.

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I have written on numerous occasions, here, here and here,  about pet sitting services and critical items that you need to know before you leave your pet with a stranger.

Fur Pals Pet Care offers some additional insight into the issues involved and provides answers to some basic questions as follows:

What services do you offer?

   "We offer in home care for travel or vacations, midday walks, baths and nail clips, massage, reiki, personalized shopping, animal-themed gifts for pets and their people, referrals, errand service, taxi service, animal behaviour consultations, total life cycle assistance - pre-pet, new pet, grief and loss."

What advice do you have for pet owners who are using a pet sitter for the first time?

   "Be realistic and honest about you, your pet and what you expect from the pet sitter. Realize the pet sitter is a service provider like any other service provider and may be able to help you in many different ways. However, they need information, help and so forth from you in order to provide the best care for your pet and the best value to you. Keep in mind too, that both you and your pet should be comfortable. Anybody can hang out a shingle and say they are a petsitter. Check for certifications in things like animal first aid and animal CPR, insurance, bonding, and business licensure where required. Make sure the company checks the backgrounds of those who they employ or contract to care for your pet. Find out what kinds of pets the pet care providers have as well as the worst experiences they have had with pets and how they handled the situation."

Do you have any expectations of your pet sitting clients?

   "Again, the client being realistic and providing the information, materials and so forth that we need is important. We expect them to communicate with us about what is going on, such as the pet’s health/behavior or behavioral changes, aggression, the animals’ fears or likes, the travel dates, early or late arrivals/departures, if others are looking in on the pets aside from us, emergency contacts being current. We also like to have an idea as to what we should do should the client meet their demise while away. We encourage our clients to book as far in advance as possible but we try to accommodate emergencies as much as we can."

You can see the full site and information of Fur Pals Pet Care ** here.

Since I believe that this is a very valuable tool for pet owners, I will continue to provide information that I think will assist you in your decision for a good pet sitter.

**Pettrustlawblog.com does not endorse or recommend Fur Pals Pet Care in any manner, but offers their advice for your review and consideration.

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Many of our active readers are also avid supporters of their local Humane Society or other similar community organization.

They support these facilities with their time and their money.

In addition to providing care and medicine for local animals, a vital part of the many programs of the various entities is education.

This applies not only to the public, but also to the professional groups, such as attorneys, financial planners and estate planners.

I have been working with the Humane Society of Naples to assist in the education process of pet trusts and estate planning for pet owners, to present to the public and the professionals.

To that end, we have been successful in preparing a Continuing Legal Education program that has received approval by the Florida Bar. The program is entitled Estate Planning For Animal Owners.

If you believe that your organization could benefit from a similar program, I will do whatever I can to assist.

Have your organization’s representative contact me directly.

This could be a long range planning strategy that benefits your pet community.

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I recently provided some tips for those of you who will be utilizing a pet sitter in the upcoming holiday season.

You can see the previous post here.

Today we continue with some additional tips from ** Pet Sitters International;

   "Does the sitter have a clean criminal history?

   Ask for third-party credentials that verify the sitter has a history of honesty and integrity. Official verification documents will contain current annual dates (within one year) and certified seals. PSI offers its members background checks certified through CastleBranch, Inc. and CertifiedBackground. Remember, the person you choose to hire will have access to your property and your beloved animal companion(s). This documentation can provide the peace of mind you seek when admitting a new pet care provider to your home.

   Does the pet sitter meet with you and your pet(s) in advance? Is there a charge for this in-home meeting?

   Initial interviews allow the pet sitter to meet with you in your home, interact with your pets and discuss services and business policies. These visits are highly recommended for both pet owner and pet sitter. Pet sitters offer this service at no charge, while others charge a nominal fee for their time and travel expenses.

   How much experience does the pet sitter have in caring for your particular type of pet?

   Experience in caring for special needs pets or unusual types of pets is helpful if that is what you need. Pet sitters who have completed PSI’s Accreditation Program have the resources on hand to care for a wide variety of companion animal species.

   Does the pet sitter willingly and happily provide references?

   PSI recommends that all of its members have a list of references for potential clients to contact.

   Does the pet sitter use a service contract that spells out services performed and fees for doing so?

   A well-written contract outlines the details associated with each service the sitter will provide. The contract includes all fees along with the expected amount of time that will be spent with your pet(s). This ensures that both you and your sitter have agreed on and understand the level of service being provided in your absence

   How much time does the pet sitter spend in your home to care for your pet(s)?

   The average in-home visit to care for one pet is 30 minutes, but additional time may be required if you request special services such as dog walking, pet grooming, etc. or have a multiple pet household.

   Does the pet sitter have a Web site that you may peruse?

   Many pet sitters have Web sites to communicate with current and potential clients. It is an excellent way to provide information to pet owners and to offer the option of e-mail communication between owners and sitters.

   What contingency plan does the pet sitter have in the event of inclement weather or natural disaster while caring for your pet(s)?

   Every professional pet sitter should have a written Disaster Plan that addresses natural or man-made disasters, as well as a contingency plan to provide for your pet’s care if anything prevents the sitter from completing the assignment.)

   What does the pet sitter do if medical care is needed for your pet?

Arrangements should be made with your veterinarian and/or local emergency veterinary clinic to allow the sitter to seek medical attention for your pet while you are away.

  How does the pet sitting agency screen and train their pet sitters?

  When a pet-sitting business owner uses staff sitters, a careful employment screening process should be used to ensure that any of the company’s personnel who care for your pet are trained and equipped to provide the high-quality care you and your pet deserve.

   During the in-home interview, does the pet sitter exhibit a positive attitude and seem comfortable and competent in caring for your pet(s)?

A positive attitude goes hand in hand with experience when it comes to in-home pet care. As a result, you can feel at ease and look forward to the in-home pet-care a professional pet sitter provides.

   How will the pet sitter confirm your safe return home for the care of your pet(s)?

   Your pet sitter should call to confirm that you have returned home at the expected time or ask that you call to confirm your return.

   Will the pet sitter provide you with an evaluation or rating form of their services?

   A service rating form is the hallmark of a professional pet sitter who wants to ensure client satisfaction.

   What are the payment terms?

   Some pet sitters require payment in full for first time customers while others require a deposit upon reservation and balance paid at the end of the assignment. There is no industry standard for payment terms, so be sure you understand in advance the terms of the pet sitting business you utilize..."

You have the responsibility for the safety and well being of your pets. Exercise that responsibility.

**Pettrustlawblog.com does not endorse or recommend Pet Sitters International in any manner, but offers their advise for your review and consideration.

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Did you know that many states have Lemon Laws that apply to pets?

Really!

Florida has one of the most inclusive buyer protection laws in the nation and it applies to both cats and dogs.

The law requires vaccinations and examinations for all animals prior to sale.

It also provides, in part, that a pet dealer may not knowingly misrepresent the breed, sex, or health of any dog or cat offered for sale within the state.

The definition of a pet dealer also includes active hobby breeders. A pet dealer is defined as anyone who sells more than two litters or twenty animals per year, whichever is greater.

Consumers have two weeks from the purchase date to document contagious or infectious disease and a full year to document congenital or hereditary defects.

The law provides for replacement of the animal, plus reimbursement for veterinary expenses related to certifying the illness, up to the price of the dog.

In addition to monetary damages for the buyer, there may be misdemeanor issues for the seller in violation of the statute.

You can review the entire statute here.

Approximately twenty states have enacted this type of legislation.

Check in your state to see if you have this protection for you and your pets.
 

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The holiday season kicks off this week and now is a good time to think about the changing environment inside your home that will transpire during the season.

Extra care is needed for the protection of your pets. The Tampa Bay SPCA has the following tips for you:

   "Be careful with snow globes, as they sometimes contain antifreeze; if broken and ingested by pets it can result in kidney damage. Because antifreeze tastes sweet, most pets drink it, willingly.

Chewing on electrical cords can yield disastrous results.

Cats often try to climb Christmas trees, be sure your tree is well anchored.

Ornaments and decorations should be pet friendly. Be very careful with glass ornaments.
Eating tinsel can cause intestinal obstructions.

Don't let your pet drink from the water if you have a live tree. The water could contain bacteria, fertilizers and/or preservatives that can harm them.

Chocolate can be highly toxic to pets. Call your vet immediately if your pet has ingested a large amount of chocolate.

Grapes, raisins, holly berries, mistletoe, and macadamia nuts can cause serious and life-threatening illnesses to pets.

Any rapid changes in diet-or even adding novel "safe foods" can cause intestinal upset or even pancreatitis problems for pets.

Holiday guests and other activities can be very stressful and even frightening to pets. It can also trigger illness and intestinal upset.

Ensure pets have a safe place to retreat in your house.

Make certain pets are wearing current I.D. or are microchipped in case they escape out a door when guests come and go. Most veterinarians offer microchipping services, which have reunited a countless number of pets with their families."

Take the time to prepare with extra precautions and you and your pets will have a safer and more enjoyable holiday season.

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FloridaPets.net is a site that I often visit.

It is a valuable source for animal owners in the State of Florida and has, in general, good information that applies to pet owners and animal lovers in all locations.

Their blog recently posted an idea for generating funds to help animal owners during this particularly difficult financial atmosphere:

   "I've been working on an idea for a new Web site that would help people with pets keep their pets during the current financial upheaval. There are simply too many beautiful animals being abandoned - or worse - when people are forced to leave their homes due to foreclosure or the downsizing of their wallets. Granted, there will always be people who welcome any opportunity to dump a dog or cat and being kicked out of their home will be just another great excuse. However, there are many others who love their pet dearly and just need a bit of assistance to stay united with their companion animal.

I put the idea out to my email contacts last month and was heartened to get many replies of encouragement and offers to assist. I've already compiled a fairly good list of resources for low cost vet care, free pet food, medical care assistance, and more, and am tracking down others."

If you want to contribute or assist, contact them directly at WebMistress@FloridaPets.net.

You can visit their website for additional information at http://www.floridapets.net.
 

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I constantly receive requests for information regarding how to personally manage the loss of a pet.

Each owner has a different relationship and attachment to his or her pet and no general answer to this question will suffice.

However, the Humane Society offers some solutions:

   "While grief is a personal experience, you need not face loss alone. Many forms of support are available, including pet bereavement counseling services, pet-loss support hotlines, local or online Internet bereavement groups, books, videos, and magazine articles.

Here are a few suggestions to help you cope:

• Acknowledge your grief and give yourself permission to express it.

• Don't hesitate to reach out to others who can lend a sympathetic ear. The Delta Society offers a list of pet loss hotlines for those grieving over the death of a pet.

• Write about your feelings, either in a journal or a poem.

• Call your local humane society to see whether it offers a pet loss support group or can refer you to one.

You may also want to ask your veterinarian or local animal shelter about available pet loss hotlines.

• Explore the Internet for pet loss support groups and coping information.

• Prepare a memorial for your pet...."

There are countless ways for you to manage and accept the loss of a friend or a loved one.

Most pet owners consider their pets to be family members.

It is all right to to treat their loss in the same manner.

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How much would a Pet Trust typically cost?

Billie Bob                                                  Crothersville, Indiana

Billie Bob, that is a question that I really cannot answer.

It will depend upon a number of issues.

Will you provide for the trust in a clause of a new will that you are writing?

Will it be a completely new simple trust of five or six pages or one of twenty to thirty pages for numerous animals?

If you already have your estate plan in place, is this a new document or a codicil (addition) to those documents?

Are you establishing numerous specific rules for the caretaker, or allowing a great deal of latitude?

If you are leaving your pet to an institution, do they have guidelines for your documents, do they prepare form documents or will they accept those of your counsel?

The needs and desires of each individual is different and therefore each estate plan will be different.

A competent professional legal advisor will be open and clear about the costs of the Pet Trust and how it interacts with the totality of your specific estate plan.

Just ask!
 

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Hospice service for humans has been available since the 1960’s.

Now, hospice care for pets is a growing field.

Like its counterpart, pet owners who see their companions as important members of the family and deserving of a peaceful end, welcome the veterinary or animal hospice.

The goal of palliative care is to relieve the pain, symptoms and stress of serious illness, whatever the diagnosis or prognosis.

Pallimed , recently wrote in its website;

   "Yes, there is a small but growing veterinary hospice/palliative care movement. There is even one pet hospice foundation that is an associate member of the National Hospice and Palliative Care Organization. It is an interesting topic of discussion for several reasons. Obviously, euthanasia has always been a part of veterinary medicine and a mainstay of veterinary "palliative" therapy. However, as some pet owners demand ever increasing levels of high-tech medicine for their pets (pets that are often treated as nearly human members of the family), veterinary specialists have dealt increasingly with issues of futility and aggressive treatment efforts at the end of life….

   There are also a group of owners who decline euthanasia, and veterinarians must either provide palliative care (for which we have little training and some degree of ethical quandry) or leave owners to do what they can and watch and wait for their pets to die "naturally" at home."

There are many forms of pet hospice and the fees vary greatly.

However, if you find yourself in this position  of having a pet with little hope of recovery from a serious illness or disease, you might consider this alternative form of assistance and comfort.

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What recession?

According to reporter Ashley Herer,who wrote a story for the Tampa Bay Examiner, proud owners and lovers of pets are not about to let a little thing like a horrible world economy stop them form taking lavish care of their beloved pets.

Ms. Herer recently wrote  that many pet owners have no intention of cutting back in their spending.

   "You know, for some families, the pet comes first," said Carol Perkins, president and co-founder of Harry Barker, a Charleston, S.C.-based pet toy company whose sales are up 40 percent this year. "The dog goes to the vet first and the dog gets organic food. Maybe some people will cut back on a dog bed, but they'll still buy dog treats, toys and collars and leashes."

Ms Herer went on:

   "The American Pet Products Association estimates Americans will spend $43.4 billion this year on their pets - a figure that includes everything from treats to training - despite the dramatic slowdown in discretionary spending. That's 26 percent higher than what U.S. consumers spent in 2004, the group said.

   Market researcher Euromonitor International, which tracks sales of pet food and accessories but excludes the cost of animals, grooming, training and other expenses, puts this year's animal expenditures at $23.9 billion."

You can read the entire article here.

Maybe, the continued spending of monies on pets will lead us out of the economic doldrums.

The FED might thank you.

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If you, as a pet owner, have no real friend or relative whom you believe can take care of your pet after your death, you may need to consider leaving your pet with a charitable organization whose goal is to care for you pet.

A local humane society or shelter usually is a good starting place to look for acceptance for your pet.

Keep in mind, you will almost without exception, need to make financial provisions to the shelter to cover the costs of your pet.

Many times, a specific will clause is optimized to help in this type of a situation.

Below is one example:

   "I give all of my [dogs' cats, and other animals] to the [Humane Shelter], presently located at [address], with the following requests:

. that the [Humane Shelter] take possession of and care for all my animals and search for good homes for them;

. that until homes are found for my animals, the animals be placed in foster homes rather than in cages at the shelter;

. that if it is necessary to keep some of the animals in cages while making arrangements to fend permanent homes, in no event should any animal stay more than a total of 2 weeks in a cage;
. that each animal should receive appropriate veterinary care, as needed;

. that after attempts have been made for 3months to place an animal, my [son], presently residing at [address], be contacted if it is not possible to place an animal so that he can assist with finding a home for the animal;

. that the shelter make every effort to assure that none of my animals are ever used for medical research or product testing or painful experimentation under any circumstances:

. that, after placement, shelter personnel make follow-up visits to assure that my animals are receiving proper care in their new homes.

If the [Humane Shelter] is in existence at the time of my death and is able to accept my animals, I give [$_ to the Humane Shelter]If the [Humane Shelter] is unable to accept my animals, I give my animals and [$ / to one or more similar charitable organizations as my Executor shall select, subject to the requests made above."

If no friends or relatives come to mind to care for your pet, all it not lost. Meet and speak with your local shelter personnel to see if their needs meet your concerns.
 

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We have recently devoted a number of articles on euthanasia for your pets.

Many times, a provision in a Will directing that an animal be euthanized upon the death of its owner, have been invalidated by the courts of the various states.

While pet owners continue to try to protect their animals, their wishs are not always followed.

If you are determined to provide for euthanasia for your pet, some will clauses may persuade the Courts that you really have the best interest of your pet at heart.

In these cases, it is preferable to specify in a Will that the pet be cared for by the Executor or a friend for a specific period of time and also ask that this person attempt to find a good home for the pet.

After a specified reasonable period of time, if the attempt to place the animal is unsuccessful, you would then request that the animal may be euthanized.

A Court may be less likely to overturn such a provision.

An example of this type of Will provision has been provided by the Bar Association of New York;

   "My [cat, Ginger], shall be delivered to[Mary Smith or John Doe] for temporary holding. The Executor shall determine the amount from the estate to go with the animal for such temporary care and feeding. The Executor shall advertise and otherwise make diligent efforts to find a good home for the animal, taking a reasonable amount of money for these purposes from the estate. If no home can be found after [ ] months, the animal shall be taken to [name and address of veterinarian]to be euthanized by the most humane method the veterinarian has competency to use."

Discuss the use of such a provision with your attorney and financial adviser and plan for your pet’s future.
 

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It is widely believed that between 12 million to 15 million abandoned cats and dogs enter into shelters every year in the United State alone. Only about one third of these pets will be placed into an adoptive home.

The others?

They will most certainly be destroyed.

According to animallaw.com, Sodium Pentobarbital is the most acceptable method of euthanizing warm-blooded animals.

   "When injected into a vein, this drug produces rapid unconsciousness and death without the pain and distress that accompany all other methods. This method is the most cost-effective and overall least expensive of all euthanasia techniques (according to the Michigan Humane Society, the cost of lethal injection, materials and labor is $2.88 per animal). It does require adequate staff training because each animal is handled individually. The injection process allows staff to provide personal comfort to each animal in its last moments, which may greatly offset the emotional stress.

   Shelters employ a number of other “euthanasia” methods. One common method is the gas chamber. Either carbon monoxide (CO) or carbon dioxide (CO2) is generally used, though some still use nitrogen gas. In some areas, animals are taken outside and disposed of as target practice for law enforcement authorities. For some animals, the gentle touch of a shelter worker during the euthanasia process may be the only real affection they have ever had. The lethal injection technique allows the worker to comfort the animal and experience closure of the death process.

   Gas chambers have many limitations which make the method less practical, slower, more dangerous to staff (workers dying of CO poisoning), and ultimately more expensive than lethal injection. Abuse of the chamber is common. In many cases animals are simply shoved into the chamber, the door sealed, the button pushed, and the employee walks away, resulting in a slow, painful death for the animals.

   Animals who end their lives in a shelter, humane society, or even city pound, deserve to have the last moments free of pain and discomfort as can be provided by the practice of humane euthanasia."

We will next take a look at a proposed model law of Euthanasia for Animals.
 

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Last week we talked about  the three most common methods for the disposal of the remains of your pet,; backyard and cemetery burials and cremation.

We passed along some information from the Pet Loss Support Page, regarding home burials.

Today we look at the second option of cremation:

     "Many people feel that providing a dignified burial or cremation for a pet is a final, fitting act of farewell. They feel that it is the last act of love that they can offer a pet, and it is also, quite often, an important act of closure. Actually being able to view, touch, and say farewell to a pet's body can help one accept that the pet is really dead, that it is not going to come back -- and also that it is not suffering in any way. If it is important to you to see that your pet's remains are treated with the same concern and care that you gave your pet during its life, then you should look into home burial, pet cemetery burial, or cremation through a pet crematory. Here's a closer look at these options:

      If you would still like to keep your pet's remains on your property, but don't have a place to bury an actual body (especially that of a large pet), consider having your pet's remains cremated and returned to you for burial. This still has the advantage of keeping your pet "at home," but bypasses health problems or the concern that the pet's remains might be disturbed later. Or, you can keep the pet's ashes in a decorative urn or container; you'll find a wide range of such products in the classified ads of any pet magazine.

     Many pet owners choose to scatter a pet's ashes rather than preserve them. Some choose to scatter the ashes in the pet's own yard, where it lived and played; this is another way of bringing the pet "home" one last time. Others choose to scatter the ashes in a way that symbolizes setting the pet "free" for its final journey -- such as in the woods or over a body of water, or just into the wind. Pet crematories can now be found in many cities; a pet crematory can usually pick up your pet's remains from a veterinarian or from your home. Some veterinarians also provide cremation services; some will do so at no extra charge if they have euthanized your pet or if it dies at the vet's office. (Not all veterinarians provide this service, so it might be advisable to check this in advance.)

     Next, we will examine the third type of disposal with the use of a cemetery burial for your pets.

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October is National Adopt a Shelter Pet Month.

According to doghobbyist.com,

…nearly 10 million animals entering local shelters across the country each year the Adopt a Shelter Dog Month helps focus attention on the pet population problem we face in this country.

   Renowned dog trainer Joel Silverman also says that shelter animals make good pets, and that proper training is the key. Silverman's many canine pupils have starred in commercials, television shows, and feature films and often come from shelters. According to Silverman, pet owners that train their dogs have better relationships with their pets and less pro blems in the home.

 "Most people don't realize that training is not as difficult as they think," says Silverman. "Training should be fun for both the pet owner and the dog and, in fact, usually strengthens the bond between them."

Visit their website for more information on adopting a shelter pet.

Your adoption process fulfills two good deeds at the same time.

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Why do I need to hire an attorney?

I can just go download the form from the Internet and fill in the blanks.

Each day attorneys all across America hear this familiar refrain from potential clients.

Estate planning documents for pet owners are no different.

You need to consult your professional adviser if your want the documents to be legally correct and binding.

 One example of this assistance is provided by Attorney Rachel Hirschfeld.

Ms. Hirschfeld has extensive experience in pet protection documents and stresses the need for caution and expertise when they are prepared.

   "First of all, the word “incapacity” should never be used when filling in pet protection documents to describe the owner’s possible mental state because it may trigger, or be used as evidence in, a court proceeding. Specifically, the pet owner may become unable to care for one or more aspects of the pet’s life, yet not be legally incapacitated. For example, an arthritic owner may want the pet guardian to begin acting, in a limited role, simply because he can no longer adequately walk the dog. Another owner may want the pet guardian to act because she has difficulty remembering whether or not she fed her cat. Neither of these examples should generate a court appointed guardian."

Listen to the professionals.

Follow the advice of your attorney.

Do not try to prepare your own legally binding documents from a generic download from an unknown website.

For yourself…or for your pets.
 

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I want to appoint my accountant as the Trustee for my Pet Trust because she has a full background and understanding of my financial condition. However, the accountant insists that she should also be the caregiver for Moxy, my terrier, so that she can combine duties to save time. Is this a good idea?

Rex                                                                 Lavergne, Tennessee

The animal caregiver, custodian or guardian is an important component in the Pet Trust.

Usually a family member or close friend is appointed to this position. Someone who knows and cares for the pet. Perhaps, someone who has a history with your animal.

Professor Gerry W. Beyer has taken this position on the appointment of the Trustee as the caregiver. In 2008, he wrote:

   "This is the most important decision because this person will provide the pet’s care. The pet, the prospective caregiver, and the caregiver’s family (human and nonhuman) should make sure they get along. It is important to name alternates in case the designated person is unable to care for the pet. The trustee may be given the ability to select a good home for the pet if none of the named beneficiaries can care for the animal. But the trustee must not be permitted to appoint him- or herself, as this would eliminate the checks-and-balances aspect of separating the caregiver from the money provider."

Heed the words of the experts in this field.

Separate the powers, duties and appointment of the caregiver and the Trustee in your pet trust.

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 I live in the Jayhawk state of Kansas, the home of the 2008 National NCAA Basketball Champions. Any information on a pet trust for my cockatoo, Benke?

Laurie,                                                             Agra, Kansas

 
Laurie, the State of Kansas has a Pet Trust statute that was enacted in 2003. The trust language is very short:

   "(a) A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal.

   (b) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed.

   (c) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use may be distributed to the settlor, if then living, otherwise to the settlor's successors in interest."

It is interesting, in that the statute states, that a trust can be created for an animal and does not specifically refer to a “pet” or “companion animal.”

Anyone for an elephant trust?

Contact an attorney and your financial advisers and begin your estate planning for Benke
 

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I recently read an article that explained that many couples were discarding older, standard ideas about gifts for birthdays, weddings and other special occasions.

Instead of another striped tie or a gift card to a local favorite store, many individuals are opting for a donation to their favorite charity.

Instead of gifts from guests, the recipient asks that a donation be made to a charity.

It seems to be a win-win situation.

No unwanted or re-gifted gifts and a worthwhile donation to a good cause.

Now, the American Society for the Prevention of Cruelty to Animals has entered this arena.

They are promoting their ideas as follows:

   "From exchanging environmentally responsible rings to sending out invitations made with recycled paper, many couples are tying values with vows and throwing wedding celebrations that truly make a difference. And while giving to charity through your wedding is a relatively recent trend, it’s one that's catching on fast. The ASPCA recently launched the ASPCA Wedding Pages, complete with photo albums, a guest book, and a link that asks guests to donate to your personal page in lieu of a present. We even provide a short URL that’s easy to remember, and an email tool for inviting friends and family to visit your wedding page.

   And what about wedding favors, those often cliché token gifts that we’ve all received—and promptly discarded? Couples are now opting to bypass that tradition altogether and making a charitable donation on behalf of their guests instead. It’s a lot more meaningful than a bar of chocolate or heart-shaped frame, and will extend the impact of your gift beyond your guests to animals in need. We’ll provide elegant place cards with the ASPCA logo, letting your guests know you made a donation in their name. Please visit our website for more information—and best wishes for a beautiful day! "

Just another option for you to ponder for your next celebration.  

Perhaps a monetary gift to your favorite animal shelter or center is an idea, whose time has come.

And as an side, you will not have to agonize over your next bad gift selection.
 

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We often discuss, cuss and marvel at the animal laws in effect throughout the various local communities in the United States.

Some are comical. Some are virtually unenforceable. Moreover, some are surreal.

I recently took a closer look at the statue in effect for the county where I live and was surprised at the number of easy and perhaps normal ways that animal owners can inadvertently violate the law.

Ordinance No. 93-56.  SECTION TEN: GENERAL VIOLATIONS.

1. It shall be unlawful for the owner of an animal to allow or permit his or her animal:

A. To be upon the beaches of the County, whether fettered or unfettered, unless the area has been designated by the Board as suitable for use by such animals, except a certified seeing-eye or hearing-ear dog actually in use by handicapped person, or animals used by law enforcement officers or County ordinance enforcement personnel.

B. To run at large in or upon any public street, road, sidewalk, other public place, or upon private property without the expressed or implied consent, subject to zoning, of the owner or any lessee of such private property.

C. To be within any park or upon public school grounds or public playground in the County, including the exercising of any animal, whether fettered or unfettered, for the purpose of elimination of wastes.

D. To enter any place where food is stored, prepared, served or sold to the public, or any other public building or hall; provided however, that this provision shall not apply to any blind or deaf persons using seeing-eye or hearing-ear dogs, to public building used for animal shows or exhibitions, or to dogs used for enforcement by any law enforcement officer or code enforcement officer.

E. To trespass upon private or public property so as to damage or destroy any property or thing of value, or to defecate and create a sanitary nuisance thereon, including defecating upon roadways, road rights-of-way, sidewalks, or other property so as to create a sanitary nuisance thereon. A sanitary nuisance exists whenever the feces are not immediately removed and properly disposed.

F. To chase, run after, or jump at vehicles or bicycles using any road or road right-of-way.

G. To snap, growl, snarl, jump upon, or otherwise threaten persons lawfully using any road right-of-way.

H. To bark, whine, howl, or cause other objectionable noise, which is offensive and of such a continuous duration of time so as to create a nuisance.

I. To be abandoned and thereby relinquish control of an animal with the intent or purpose of setting the animal at large.

J. To be confined in an unattended motor vehicle without sufficient ventilation or under other conditions for such periods of time as may endanger the health and/or physical well-being of the animal due to heat, lack of potable water, or such other circumstances as may reasonably cause suffering, disability, or death to the animal.

Many of these activities are everyday and ordinary.

Perhaps you should check your local laws to make sure that you are in compliance with your pet and your community.
 

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We have discussed the grieving process involved when we loose a pet or companion animal and some of the methods we, as humans, use to cope with this loss.

What about the animals?

A recent article in the New York Times by Natalie Angier, recently discussed some reaction so animals to death.

Ms. Angier wrote about the observations of zoo workers of a mother gorilla and her deceased baby:

   Yes, we’re a lot like other primates, particularly the great apes, with whom we have more than 98 percent of our genes in common. Yet elaborate displays of apparent maternal grief like Gana’s may reveal less about our shared awareness of death than our shared impulse to act as though it didn’t exist. Dr. Hrdy, author of “Mother Nature” and the coming “Mothers and Others,” said it made adaptive sense for a primate mother to hang onto her motionless baby and keep her hopes high for a while. “If the baby wasn’t dead, but temporarily comatose, because it was sick or fallen from the tree, well, it might come back to life,” Dr. Hrdy said. “We’re talking about primates who have singleton births after long periods of gestation. Each baby represents an enormous investment for the mother.”

Go to the site and read the entire article. It contains interesting thoughts about animals, their feelings and their mortality.

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As I write this, we are heading into the long weekend with tropical storms and possible hurricanes lined up in the Atlantic like the backed up runway at O’Hare.

If you find yourself with an impending weather emergency, you need to plan and protect your pets.

The U.S. Department of Homeland Security's Federal Emergency Management Agency has some suggestion to help:

   "The family pet can be overlooked until the final frantic moments before Mississippi residents evacuate ahead of a hurricane, but a little planning can ensure pet safety and care during an evacuation.

   Taking the pet along is the most important thing individuals or families can do for their animals during a hurricane evacuate  ion. Pets that are left behind can be injured, lost or killed during a hurricane, say officials of the U.S. Department of Homeland Security's Federal Emergency Management Agency (FEMA) and Mississippi Emergency Management Agency (MEMA).

   Pet owners should put a hurricane evacuation disaster plan in place for animals before hurricanes threaten. Evacuation preparation is a key focus of Mississippi's eight-week Stay Alert. Stay Alive. preparedness campaign in advance of the hurricane season that started June 1.

  Just like with your family, evacuation plans for animals take time and planning. The most important thing you can do for your pets now is to make sure their immunizations are current and they have proper identification.

   Many hurricane shelters do not allow pets, except for service animals, so it is important to identify in advance those that do. Plan ahead to insure your family and pets will have a safe place to stay.

   Here are some other tips for pet owners:
   • Leave early if you live in an area that may be evacuated.
   • Pets should wear up-to-date identification and be micro-chipped.
   • Take your animal's food with you. Stressed animals may experience intestinal problems, but using the same food will help reduce the trouble.
   • Have copies of pets' vaccinations, medical records and prescriptions.
   • Keep a pet carrier and leash close at hand...."

You may visit their website here for additional information.

Stay safe during the coming times and be prepared, for yourself and your pets.
 

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I am in the early stages of thinking about a pet trust for my cat, Alabaster. How much money will I need to put into the trust?

Shelby                                         Carmel, Indiana

Shelby, just about anyone that you ask will have a different answer to this question.

Attorney Nancy J. Burns, of the firm of Schwartz Manes Ruby & Slovin of Cincinnati has set the following guidelines:

   "To determine how much money to put into (“fund”) your pet trust, consider the following:
• life expectancy of your pet
• cost of current or future medical treatment
• trustee fees
• whether or not to compensate the caregiver
• cost of basic care items such as food, medication, and grooming

NOT TOO LITTLE, NOT TOO MUCH

You will want to set aside enough so that the trust does not run out of funds during your pet’s lifetime, but not so much to cause your heirs to contest your trust. If you put too much property in the trust, a judge may determine that the value of the trust property exceeds the amount necessary to care for your pet and order that the excess property be given back to the person who created the trust or to others named in the trust, or according to your estate plan.

NOW OR LATER

You can fund your pet trust during your lifetime or after your death. Your pet trust needs assets in it to pay for the care of your pet. If you fund your trust during your lifetime there will be assets immediately available to care for your pet if you become disabled or die. If you do not fund the trust during your lifetime and you become disabled, there would be no funds in the trust to care for your pet. If you died before funding the trust, assets may first have to pass through probate causing a delay before your trust receives funds to care for your pet."

For additional information, you may go to her website here.

We will offer differing opinions and attitudes regarding pet trust funding for your review and consideration in the future.

Shelby, at least, you are in the initial stages of planning and that is the key to protecting your pet in the future.
 

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We are currently sifting through the final remains of Tropical Storm Fay.

It came ashore about thirty miles from here, around Chokoloskee Island (south of Everglades City) early Tuesday morning.

In my abode, we are lucky; most of this county is without power and cable.

We are going to be busy picking up and cleaning up for most of the next two days.

I though that this would be a good time to again remind all pet owners of some general safety tips regarding their pets and hurricanes, but most of this information applies to emergency weather conditions in general.

These tips on pet-friendly shelters come courtesy of FloridaPets.net

Why pet-friendly shelters?

   1. As of 2006, they're required - or no FEMA funds to help
According to the Pets Evacuation and Transportation Standards Act (PETS) of 2006, state and local emergency preparedness operational plans must address the needs of individuals with household pets and service animals following a major disaster or emergency IF they want to qualify for grant $$$ from FEMA. The Act gives FEMA authority to help communities develop pet-friendly shelter facilities and practical assistance for individuals with pets and service animals, and the animals themselves, following a major disaster. Some counties think just saying they will not have a pet-friendly shelter until later and offering names of a couple of motels miles away on their Web site that "used to" accept pets is "addressing the needs." That is incorrect. Actually, the PETS Act does away with all the excuses from county and city governments without pet-friendly disaster plans.
While this is indeed progress, it has come at great cost. Laura Maloney, head of the Louisiana chapter of the SPCA, said as many as 70,000 pets were either killed or abandonded after Katrina left much of New Orleans under water in August 2005. 

   2. They're part of responsible pet guardianship
People who have pets are responsible for their health and safety and must have a plan during a disaster that includes those pets. That plan should not include leaving them tied to trees during the storms or left in empty house with a little food and water. As Hurricane Katrina showed all of us, the lives of both humans and their beloved pets depend on the humans being prepared, being smart and staying smart. Of the 70,000 pets who died or were abandonded as a result of Hurricane Katrina, only about 15,000 were saved and only 20 percent of those were reunited with their owners. The rest ended up in various shelters around the United States. Many are probably still wondering where their families went. 

   3. They're ethically correct. Pets are a barometer of our humanity
For many people, pets are part of the family. It's ethically vital to help people keep all members of their family safe. A 2006 survey found that 44 percent of those in New Orleans who remained at home did so because of a pet, while only 18 percent failed to evacuate because they wouldn't leave a family member behind.

Plan in advance.
 

Locate and pre-register with pet friendly shelters in your neighborhood.

You are responsible for your pets and their safety.

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We are always searching for new ways and methods to protect pet owners from excessive liability for the actions of their animals.

Jacksonville Attorney David M. Goldman regularly writes his Florida Estate Planning Blog.

He recently had a very interesting post regarding the twists and turns of Florida Trust Law and the liability of pet owners.

He story and reasoning follow:

..."Seven weeks ago, I got a new puppy. I was thinking of a way to protect myself from Florida's Strict Liability for Dog Bites. Most states have a one free bite rule, but Florida does not and makes the owner of the Dog liable for all damage by the dog from the first bite.

   In walks the Florida Revocable Trust. I began thinking that if you set up a separate revocable trust that owned the dog, you could transfer the liability of the dog's future actions to the revocable trust.

   I began reading the Florida Statutes and sure enough the statute states that the "owner" is the party liable. Figuring that this must be too easy, I kept reading. It seems that when the state creates statutes, the often hide the real details in some other part of the statute. Sure enough after a few minutes I found that "Owner" as defined in the statute means any person, firm, corporation, or organization possessing, harboring, keeping, or having control or custody of an animal or, if the animal is owned by a person under the age of 18, that person's parent or guardian.

   So while the trust would be liable as the owner, so would the person who the animal was staying with and the person keeping the animal, and the person in control or custody of the animal at the time of the attack.

   So what did I learn from this exercise? You should be very careful when offering to take care of someone's pet while they are out of town as the person in control and / or custody is just a liable as the person or entity that owns the animal. More over your homeowners insurance may cover your liability as an owner, but I am not sure if they would cover damage caused by a pet that you did not own.

   The only other way to protect yourself from liability is to have good insurance and / or protect your other assets..."

Some thoughts to  ponder from Mr. Goldman.

 Talk with your attorney and insurance broker if you are a pet owner in Florida.

Protect yourself and your pet.
 

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In May of this year, I wrote here that Delaware had no statutory Pet Trust, but that there were other options available for estate planning for pet owners, including the traditional pet trust

Now, Delaware has joined the ever growing list of states with a Statutory Pet Trust.

Professor Gerry W. Beyer is a faculty member of the Texas Tech University School of Law. Professor Beyer summarized the new legislation as follows:

   o A trust for the care of one or more specific animals living at the settlor’s death is valid.
   o The trust ends upon the death of all animals living at the settlor’s death which are benefit by the trust.
   o The settlor may name a trust enforcer.
   o If the settlor did not name an enforcer (or if the named enforcer is unwilling or unable to serve), the Court of Chancery may appoint an enforcer.
   o A person with an interest in the animals may petition for the appointment or removal of an enforcer. This interest cannot be merely a general public interest; the petitioner must have an actual interest in the specific animals covered by the trust.
   o Trust property may be used only for its intended use.
   o When the trust ends, any remaining property passes according to the terms of the trust.
   o The settlor (or other owner of the benefited animal) may transfer ownership of the animal to the trustee upon trust creation or thereafter.
   o If the intended owner disclaims, the trustee becomes the owner unless the trust provides otherwise.
   o The trustee must provide the animal with the care the settlor directs in the trust or, if the settlor did not provide instructions, the care that is reasonable under the circumstances.
   o The trustee may employ agents to provide care to the animal and pay for the care from the trust property.
   o The term “animal” is broadly defined to be “any nonhuman member of the animal kingdom.”

Interestingly the statute also states that "Plants and inanimate objects are not included. "

The entire statute can be found here.

Pet owners in Delaware now have more options than ever to plan for the future care and well being of their pets.

Use the tools that are available to you.

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My cat, Mr. Tuffs, recently passed away. We lived together for 15 years and I am heartbroken. I am so sad I can hardly work, am I just being silly?

Sandra                                                   San Diego, California

Sandra, you have my sincere condolences.

You are not being silly at all; the loss of a companion or friend is difficult, at best.

There are numerous ways to help you cope with the process.

The Human Society of the United States has some general tips for assistance:

   "While grief is a personal experience, you need not face loss alone. Many forms of support are available, including pet bereavement counseling services, pet-loss support hotlines, local or online Internet bereavement groups, books, videos, and magazine articles. Here are a few suggestions to help you cope:
   • Acknowledge your grief and give yourself permission to express it.
   • Don't hesitate to reach out to others who can lend a sympathetic ear.
   • Write about your feelings, either in a journal or a poem.
   • Call your local humane society to see whether it offers a pet loss support group or can refer you to one. You may also want to ask your veterinarian or local animal shelter about available pet loss hotlines.
   • Explore the Internet for pet loss support groups and coping information.
   • Prepare a memorial for your pet."

You can read the rest of their suggestions here.

Just remember that you are not alone in any grieving process.

Lean on your friends and family.

We all must face the loss of a loved one at some time.

Knowing that, does not make it any easier.

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I had a long conversation Friday afternoon with Kathleen Pender.

Ms. Pender is a well written and well respected writer for the San Francisco Chronicle.

She regularly reports on local, national and international economic and business events.

Recent stories have covered the failure of IndyMac Bank, the influx on foreign money and investment inroads into the United States, the still declining housing market, how the downgrading of bond insurers has a direct effect on the sock market and the basics of heath savings plans.

Our conversation was a little less complicated, as we discussed the newly passed California Pet Trust Statute.

As we talked about pet ownership, estate planning and the role of the Trustee and the Caretakers, she posed an interesting question.

Why, she queried, should the courts take up valuable time dealing with pet trusts, statutes, Trustees, estate issues with probate, emotional distress trials for pet owners, custodial disputes and other pet issues.

Surely there were more important items for the judges and courts to entertain.

My only response was that the courts are currently reviewing more and more of these issues, whether we like this change or not.

More households have pets than have children.

If pet owners did not have the passion and concern for their pets, they would not seek help from the courts.

If these cases were not brought in to the legal arena, they would not have the same import and legislators would not feel the need to enact more laws as the behest of their voters.

The Courts interpret the laws.

Legislators write the laws.

Laws that they deem necessary; to please their constituents.

The voters.

The role of pets in our lives will only increase as time passes.

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In 1971, Congress passed the Wild Free-Roaming Horses and Burros Act.

This strangely named legislation was enacted to:

   "require the protection, management, and control of wild free-roaming horses and burros on public lands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress finds and declares that wild free-roaming horses and burros are living symbols of the historic and pioneer spirit of the West; that they contribute to the diversity of life forms within the Nation and enrich the lives of the American people; and that these horses and burros are fast disappearing from the American scene. It is the policy of Congress that wild free-roaming horses and burros shall be protected from capture, branding, harassment, or death; and to accomplish this they are to be considered in the area where presently found, as an integral part of the natural system of the public lands."

Now, according to the ASPCA. a proposed major change will potentially be devastating .

   “The Bureau of Land Management (BLM) is the agency within the U.S. Department of the Interior that administers America's public lands, including the animals who call this land home.
As part of its wild horse management program, the BLM has spent the past several years rounding up wild horses and keeping them in private, long-term holding facilities—which is expensive. Now, the agency wants to euthanize thousands of healthy horses, claiming it is too costly to feed and care for them. The ASPCA encourages the BLM to explore other solutions, including but not limited to reopening additional land for the horses and increasing certain contraception programs that have already proven safe and effective.

For more information and possible course of action you may  visit their website at ASPCA.

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There is a constant debate about the most dangerous breed of dog and many localities and states are trying to pass legislation that will significantly diminish or disallow altogether, the ownership of some breeds as pets.

According to Propeller.com

   In 2007, there were 33 human fatalities as a result of dog bites. Forty-five percent of the attacks occurred to adults over the age of 18, and 55% occurred to ages below. Pit bull type dogs were responsible for 67% of fatalities; the next closest breed was the rottweiler at 12%.

   But all dog breeds are potentially dangerous. In 2000, the Centers for Disease Control (CDC) reported that 25 breeds of dogs were involved in 238 fatal dog bites from 1979-1998. Here it is the compiled list of the most dangerous dog breeds:


   1. Pit bull is one of the most brave and dauntless dogs that usually takes on any opponent. Therefore they take part in dog fighting. It is common knowledge that this dog breed can even mangle the human to death as pit bull locks its jaws onto the booty until it is dead.


   2. Rottweilers Due to their intense territorial instinct these dogs are very aggressive. Rottweilers are commonly used as guard dogs.

 
  3. German Shepherd This breed of dogs is known as a smart and vigilant one. As German Shepherds proved to be confident and fearless local authorities such as the police K-9 unit use German Shepherds as a police dog. 

   4. Huskies Despite of their energy and intelligence this breed is not regarded a good guard dog. It is caused by its kind temperament and personality characteristics. However it should be marked that between 1979 and 1997 fifteen fatal cases were caused by huskies.


   5. Alaskan Malamutes This breed requires a lot of exercises to be happy as being bored they become disobedient. On the whole their characteristic features are energy and activity.

Remember, any dog can bite. No matter what the breed or temperament.

Your pets and their behavior are your responsibility.

Act accordingly…

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We recently received a phone message from an unidentified caller that asked about the availability of a Pet Trust for the state of Iowa.

Since 2000, Iowa has had a Statutory Trust available for use by pet owners.

The Iowa Code provides as follows:

633A.2105 Honorary trusts — trusts for pets.

1. A trust for a lawful noncharitable purpose for which there is no definite or definitely ascertainable beneficiary is valid but may be performed by the trustee for only twenty–one years, whether or not the terms of the trust contemplate a longer duration.

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So, I am walking the dog that may or may not be allowed on beaches in Florida and probably has more estate planning than Donald Trump, and notice once again, they she seems to be infatuated with eating our lawn.

This time for some unknown reason, I decide to do some research to see if thisactivity is good bad or indifferent for her.

According to the Pet Library , nearly every dog eats grass sometimes, and some dogs eat it all the time.

The short article is here:

   "You would think that veterinarians would have a pretty good idea by now of why they do it. But they don't, mainly because no one has figured out how to ask dogs two important questions: "Do you like the taste?" and "If it tastes so good, why do you throw it up?" 

   If only dog's could talk! But if you are like many dog owners who live in a grassy area you would swear sometimes that your dog is an Angus. Dogs just lay out in the yard and graze just like a cow. Dogs explore their worlds with their noses and mouths. And there's the grass, attractive, sweet-smelling, with an appealing texture; and it's ever-so-accessible on the ground. Why not eat it? 

   Dogs are remarkably flexible in their tastes. They'll polish off a bowl of dried dog food, then walk over to see if there's anything good in the trash. If they're still hungry, they'll wander upstairs to see what's in the cat's box. Basically, they'll eat, or at least sample, whatever they find in front of them. 

   There's a good reason for their liberal tastes. Unlike cats, who evolved solely as hunters, dogs survived by scavenging. When they couldn't catch live prey, which was a lot of the time, they'd eat the ancient equivalent of roadkill. They didn't care too much if had been lying in the sun for a week or was half-buried under old leaves. It was food, and they weren't going to pass it up. When meat wasn't on the table, they'd root around for tender leafy stalks, or roots, or an old polished bone. They simply weren't fussy, and dogs today haven't gotten any fussier. They're predisposed to like just about everything. 

   In addition, there's some evidence that dogs get cravings for certain foods. It's possible that dogs occasionally get a hankering for greens, just as people sometimes go to bed dreaming about mashed potatoes and meat loaf. It's not as strange as it may sound. Grass was part of their ancestors' regular diets. 

   Dogs are omnivores, which means they eat meat as well as plants. They don't need grassy nutrients any more because most commercial dog foods are nutritionally complete. But dogs aren't nutritionists. They don't know or care that they've already gotten their vitamin or mineral quotients from a bowl of kibble. Their instincts tell them that grass is good, so they eat it. Besides, there's a world of difference between satisfying the minimal nutritional requirements and having a great meal. And for many dogs, a mouthful of grass clearly tastes great. It's like a salad - they eat some, then want more. 

   Even dogs who usually don't eat grass will head straight for the nearest patch when they're feeling sick. They'll gobble a few mouthfuls, retch, and then throw up, or at least try to. Veterinarians still aren't sure if dogs eat grass because their stomachs are upset or if their stomachs get upset after they eat grass. However, many vets suspect it's the former, because dogs who are energetic and perky seem to be able to eat grass without getting sick afterward. It seems likely that there's something in grass that does stimulate the urge to vomit. 

   The stomach has all kinds of neuro-receptors that respond to what dogs ingest. They react to acidity, chemical content, and textures. The texture of the grass has something like a tickle effect on the stomach, which may induce vomiting. 

   This tummy tickle may explain why healthy dogs can eat grass without getting sick. They take a mouthful, chew it thoroughly and swallow, then reach down for some more. Dogs who are sick, however, appear almost desperate for the grass. They don't chew it carefully or savor the taste. They gobble it. Without the chewing, those prickly little stalks hit their stomachs all at once. 

   This may be what stimulates the urge to throw it all back up - along with whatever was irritating their stomachs in the first place. They can't stick their fingers down their throats or ask for syrup of ipecac like people can, so eating grass is something that works. And once dogs find something that works, they tend to stick with it. 

   Unless your dog is in the habit of regurgitating grass on the dining room floor, there's no reason to worry about it. Dogs have been eating grass for thousands or tens of thousands of years, and there's no evidence at all that it's bad for them. That isn't the case, however, when grass has been treated with insecticides, herbicides, or other chemicals. Most products say on the label whether they're dangerous for pets. In any event, you should certainly keep dogs away from grass soon after chemicals have been applied. Most products break down fairly quickly, but they can be quite dangerous if your dog eats them while they're fresh.

Oh well, now we all know more about our grass eating machines.

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Fourth of July weekend is here.

Beach time, picnics, and sunburns.

Fireworks, sparklers and firecrackers.

Laid back, summer time fun.

Enjoy, but don’t forget that your pets may need some extra care this weekend.

Pets911.com,  offers these tips for you and your pets.

   "1. Make sure to keep your pets away from BBQ’s, sparklers, fireworks and citronella candles. As with all members of your family, these items should be used with adult supervision and should never include your pets. Not only does the noise of fireworks scare them, but accidents can happen while dealing with fire. If you can’t supervise your pet closely, please keep your animals inside, away of the festivities.

   2. Do not use any sun screens or other summer sprays on your pets that are not made especially for them. If you have a high presence of insects and they are bothering your pets, or they will be out in the sun, please consult a veterinarian on inset repellents and sun screens that are safe for animals.

   3. Do not place glow ropes or other festive party favors on your pets. If digested, these items could cause sever health problems or even death.

   4. Do not take your pet with you to large celebrations. Excessive noise, fireworks and unsupervised food or drink can be either overwhelming or unhealthy for your animal. Leave them at home, in a peaceful and secure area. Do not leave them in your car ever.

   5. Always keep and ID tag on your pet’s collar. With fireworks, comes anxiety from pets, sometimes resulting in escape attempts or bolting. The 4th of July accounts for many lost pets. Having ID on your pet will get her home faster.

   6. Keep your pet hydrated. Don’t forget to refill your pet’s bowl with water during your celebration.

   7. Is your pet spooked by the “boom” of fireworks? If you are leaving your pets at home, please be sure that they can’t escape by digging under or jumping over a fence. If your yard isn’t fenced at all, you certainly want to keep them inside. If your pet is normally chained, it could strangle itself. You may want to safely confine them to a room or crate if they tend to react strongly to the noise and confusion. Play music or the TV for them to help block the noise outside. You may also want to talk to your vet about medication options.

   8. Above all, be patient. Be prepared for accidents on the carpet and take the time to secure your home and backyard..."

Enjoy the weekend with your family, friends and your pets.

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I mentioned the possible use of a pet trust to my insurance broker and she asked if I had considered a Trust Protector. What is this and what does it do?

Denise                                                                     Merlin, Oregon 


Senior Counsel Sharon C. Nelson of Foley & Lardner, LLP, wrote a very clear understanding of this issue

   "The use of trust protectors in trust documents is becoming more and more popular in today’s estate planning environment. The purpose of a trust protector is to provide flexibility to an ir