Florida Legislation Supports Statewide Spay and Neutering?
Based upon the success of Pets’ Trust Miami, a Florida legislator has introduced a proposal to allow voters in each county the opportunity to support a separate property tax on real estate in order to pay for spay and neuter programs for local animals
Sen. Gwen Margolis’ bill seeks to reduce the population of unwanted animals in Florida communities.
The proposal is called “Pet Services and Welfare Programs.”
Taxidermy For Your Pet?
A client recently asked me if I could recommend a taxidermist for her dog. She had a friend in California who utilized this service upon the death of his cat.
I must admit that I have never thought of this process.
Now that I have, it seems to me to be pretty disgusting.
When the time is appropriate, I would rather remember her life and smile about my dog.
Thinking about all of her crazy actions and her own idiosyncrasies.
I do not want my dog to be hanging around as a stuffed doll.
Planning For Veterinary Costs
The American Veterinary Medical Foundation released its 2012 U.S. Pet Ownership and Demographics Sourcebook.
The book is filled with interesting statistics on animals in the United States.
The book states that the total of veterinary expenditures for all pets increased to $28 billion during 2011 and that the average expenditure for this care, per household for all pets, was $375.
At year-end 2011, the report reveals that 56 percent of all U.S. households were home to a pet and that Vermont leads all states in ownership, with more than two-thirds of Vermonters owning at least one pet.
For information on ordering this book visit their site at www.avma.org.
Merry Christmas
Merry Christmas and Happy Holidays to all...
Hug your family and your pets...
Enjoy the day.
Can I Be Buried with My Pet?
A reader recently asked me, “Can I be buried with my pet?”
As always …it depends.
In some states, where pet lovers cannot have their pets buried with them, individuals are choosing to be cremated and then buried with the pet in “the pet cemetery.”
In Florida, the pet lover has another choice.
Although pet cemeteries are unregulated, pets may be buried with their owners, if the animal dies before the owner.
The pet is to be cremated and then the ashes may be placed in the grave or crypt, providing that the cemetery by- laws permit same.
You and your pet together...forever.
Oregon Appellate Court Extends Animal Rights
An Oregon Appeals court recently decided, in at least one case, that someone who commits a crime against an animal may be treated as though it was a crime against a person.
According to the Court record, “dozens of emaciated animals, mostly horses and goats, and several animal carcasses in various states of decay," were discovered in the yard in an Umatilla County home.
The owner of the residence was originally charged with neglect. However, the District Attorney did not proceed in the usual manner of prosecuting an animal abuse case, but charged the individual with numerous separate counts of animal abuse.
After a jury found the owner guilty of twenty separate crimes, the Trial Court Judge consolidated all of the counts into one and the State appealed the decision.
It is interesting to note that in reversing the lower Court, that a part of the Appellate decision stated “it appears that the Legislature's primary concern was to protect individual animals as sentient beings*.”
*sentience implies the ability to experience pleasure and pain.
New Jersey Supreme Court Denies Pet Owner's Request For Money For Emotional Distress Loss
The New Jersey Supreme Court has recently held that there is no cause of action for emotional distress for a pet owner.
Joyce McDougall was walking her dog when a large dog attacked her pet and shook it several times before dropping it, causing the death of Joyce’s dog.
She sued the owner of the attacking dog for the value of her pet and also alleged that, as a result of witnessing the dog’s death, she suffered significant emotional distress for which she demanded money damages.
Her request for money for the emotional damages was denied by the trial court and the Appellate Court affirmed that decision.
She appealed and the State Supreme Court ruled, in: Joyce McDougall v. Charlot Lamm
“There is no basis in law or public policy to expand the traditionally and intentionally narrow grounds established in Portee v. Jaffee, 84 N.J. 88 (1980), which permits compensation for the traumatic loss of carefully defined classes of individuals, to include emotional distress claims arising from observing a pet’s death. Although humans may share an emotional and enduring bond with pets, permitting that bond to support a recovery for emotional distress would require the Court to vastly expand the classes of human relationships that would qualify for Portee damages or to elevate relationships with animals above those shared with other human beings.”
The Clerk of the Court has outlined the findings of the Court here.
It seems to be a well-reasoned opinion, whether you agree with it or not…
Good Travel Information For You and Your Pets
Regular readers of this blog are aware that I am not usually a big fan of endorsing other sites, as I do not want to be perceived as partial or prejudiced as to other offerings.
However, questions concerning traveling with pets and particularly specific airline rules are a constant concern of animal lovers.
I was recently directed to a site that provides valuable information of airline guidelines for these issues.
Go to www.travelinsurance.org (no I am not endorsing travel insurance) for detailed information of airline policies regarding traveling with animals and even some requirements of countries outside of the U.S. borders.
You might find it helpful.
What Is Animal Hospice?
We have written about pet hospice for many years and it is, in fact, a growing field of interest for pet parents.
According to their website, The International Association of Animal Hospice and Palliative Care is dedicated to comfort-oriented care to companion animals as they approach the end of life.
The World Health organization has defined palliative care as “the active total care of patients with a life-limiting illness that is not responsive to curative treatment. Control of pain, of other symptoms, and of psychological, social and spiritual problems, is paramount. The goal of palliative care is achievement of the best quality of life for patients and their families.”
In this case, the patient is the pet and the hospice care is for end of life planning and comfort.
It is never too early to learn more about the end of life services for your pets.
What is available?
How much does it costs?
What is my role in this process?
Does Your Pet Have A Nanny?
We often talk about pet caregivers and the qualification and considerations that we should follow when making a choice for ourselves and our pets.
However, I have to admit that I have never thought about this in the temporary/daily context of a family nanny.
Findananny.net recently presented an article that may be of interest to those of you that utilize a nanny in your family situations.
According to the site…there are many nannies that love working in homes with pets; there are some that do not. If you have or are planning on getting a family pet, being upfront about it will ensure that the nannies you meet would enjoy working in a home where a pet was a valued member of the family.
Their Five Rules For Finding a Pet Friendly nanny may assist you in this decision. You can find the article here.
My Dog Anna Makes Her National Debut
I am extremely pleased that I have been included in the latest issue of the American Bar Association Solo magazine. You can read the article about the Naples Humane Society here on page 44
I hope you enjoy.
Proposed Bill in the Florida Legislature Addresses Domestic Violence Against family Pets.
State Senator Mike Fasano has proposed a bill in the Florida legislature that addresses domestic violence against family pets.
In essence, the bill provides; that a court may issue an injunction for protection against domestic violence granting the petitioner the exclusive care, custody, or control of any animal owned, possessed, leased, kept, or held by the petitioner, the respondent, or a minor child residing in the residence or household of the petitioner or respondent; providing that it is a first-degree misdemeanor for a person to willfully violate an injunction for protection against domestic violence by knowingly and intentionally injuring or threatening to injure any animal owned, possessed, leased, kept, or held by the petitioner, the respondent, or a minor child of the petitioner or respondent; providing criminal penalties, etc.
I will keep you advised of the progress of the bill in Florida.
Florida To Hold Statewide Activities for Animal Week
Governor Rick Scott officially proclaimed that the 4th Annual Florida Week for the Animals would be February 4-12, 2012.
This statewide event is designed to celebrate and build awareness on behalf of all animals, as well as recognize the Florida organizations and citizens who support them.
According to Michelle Buckalew,the Florida Week for The Animals team leader, Florida Week for the Animals is bringing together educators, advocates, animal shelters, rescue organizations, sanctuaries, businesses, students, artists and community leaders in an exciting week of community-building activities. Over 100 events will be featured throughout the State of Florida.
If you would like to learn more, become involved or list an event visit the official website at http://www.floridaanimals.org/.
This is a good thing for animal lovers and the State of Florida.
Maybe your State has a similar program?
Does Your Dog Have A Soul?
Do you believe that your pet has a soul?
According to the New York Daily News, attorney Susan Chana Lask has filed a lawsuit on behalf of a pet owner and asked the court to make that exact determination.
Under New York law, like almost every other state, a pet is only considered to be “personal property.”
Dog owner Elena Zakharova contends that pets are living creatures that feel love and pain.
So when the pet store sold her a dog with severe physical handicaps, she filed suit and requested money damages for vet bills and also for pain and suffering on behalf of her dog.
Lask contends that pets should be treated the same as human beings in this context.
Many animal owners believe that their pets have souls.
This is an interesting concept, that will be sorted out by the courts, as animal rights continue to evolve.
Your thoughts?
Pet Lovers Spend Lavishly
Despite the econonomic recession, if not depression, that has currently engulfed the United States, the American Pet Products Association recently reported that animal lovers will spend a record $50 Billion Dollars on their pets this year.
In addition, pet ownership continues to increase year over year, and now almost two-thirds of all U.S. households co-exist with pets.
In a time when even the most affluent are allowing mortgage payments to go unpaid, opting not to carry medical insurance and stressing about how they will cope with dwindling retirement accounts, the seemingly necessary relationship between humans and companion animals seems to contiune to grow.
Pet Lovers Spend Lavishly
Despite the economic recession, if not depression, that has currently engulfed the United States, the American Pet Products Association recently reported that animal lovers will spend a record $50 Billion Dollars on their pets this year.
In addition, pet ownership continues to increase year over year, and now almost two-thirds of all U.S. households co-exist with pets.
In a time when even the most affluent are allowing mortgage payments to go unpaid, opting not to carry medical insurance and stressing about how they will cope with dwindling retirement accounts, the seemingly necessary relationship between humans and companion animals seems to continue to grow.
The Economy and Your Pets
Is the economy affecting your pet’s life?
I cannot figure this out.
One article states that the dismal economy is having an adverse effect on families who can no longer afford to properly take care of their pets.
More are abandoned.
Less veterinarian treatment is being sought.
Food budgets are strained.
Then the next article states that this is one area of consumer spending that pet guardians are refusing to reduce.
Pets come first.
More luxurious lifestyles are maintained.
More toys, trinkets and unnecessary purchases.
Let me know, is the economy affecting your pet’s life?
What is the Guardian Campaign?
A reader recently asked me about the Guardian Campaign.
According to its website, Guardian Campaign “was created in 1999 by In Defense of Animals (IDA) to reflect and nurture the growing sentiment that "owner" does not reflect the bond that develops between people and animals. IDA believes "guardian" denotes a higher level of responsibility, caring and respect toward the animals with whom families share their lives.”
Almost two dozen cities and the State of Rhode Island have enacted legislation that interchanges the terms owner and guardian for companion animals.
Typical language will state then when used in reference to any person or persons caring animals, ‘guardian’ is equivalent to owner, a guardian shall have the same rights and responsibilities or an ‘owner’, and both terms shall be used interchangeably.
Most legal experts agree that the language does not change the legal status of the animals, in that most states still consider companion animals to be personal property.
Pet Sitters Speak Out
Our recent post on pet sitters brought a great response from numerous readers.
Two are set out below:
..."It amazes me how many people consider their pets children yet don't think they have to pay for pet sitting services, especially if you stay at their home. While being able to stay "for free," when you are taking care of a pet your time is not your own. You have to accommodate the pets' schedule of walks and feedings. I really don't understand why people don't think
pet sitters deserve to be compensated for putting their pets first..."
..."I am a pet sitter and these are very good tips to give travelers. I also require my pet sitting clients to fill out a veterinary release form authorizing me to seek medical care should the need arise while the owners are away..."
You thoughts are still welcome.
Readers React to Pet Sitter Rules
I received some very different comments from pet owners regarding their experiences with pet sitters.
Also, some professional pet sitters joined the discussion.
Some of the comments of one sitter are below:
"It's nice to see you write about pet sitters. You have great points. I started my pet sitting business seven years ago and I have seen a lot of new pet sitters come and go. Pet sitting sounds like a lot of fun and it is, but there is a LOT of responsibility. Most of us love our pets like our children. They are family. One thing other than meeting the sitter and feeling comfortable with them is the sitter should have liability insurance. I have several sitters so we are all bonded and insured.
I do background checks on my sitters too."
Pet sitters should be professional and not a neighbor doing a favor.
What Are The Requirements for a Good Pet Sitter
One of the most frequently asked questions that we hear concerns the use of a pet sitter when traveling.
When you engage someone to care after you pet, you should consider the following:
Your Name;
Your email address;
Your cell phone numbers;
Your travel plans and dates;
The name of the hotel or location you are visiting along with all local email, cell phone and facsimile information;
The name and address of your veterinarian;
The business and cell phone of your veterinarian;
Driving instructions to you veterinarian;
The name and number of a local personal contact for emergency purposes, and
An updated power of attorney for that local contact.
There are many qualified pet sitters. Make sure that yours is one of them.
How Do You Choose A Veterinarian?
Choosing a veterinarian for your pets is a lot like picking your personal physician.
There are many different things to consider.
According the website http://www.4vetclinics.com/, choosing a vet clinic is one of the most important things that you will ever do as far as your pet is concerned.
Here are some of their suggestions:
"Before you choose a vet clinic get in touch with other people you know who also have pets. When it comes down to it, getting inside information from people in the know is always a good idea.
In addition, look into the details of every vet clinic that you are considering. How many vets do they have on staff? What are their hours? Do they take all types of pets? These are just a few questions that will allow you to more easily choose a vet clinic that suits your needs.
Remember, there are many vet clinics to choose from. The most important thing is to take your time so that you make the right decision. And if you do not find the best vet clinic the first time, there is nothing wrong with searching around until you find what you have been looking for. "
Visit their website here for more information.
If I Have A Pet Clause In My Will, Does It Still Need To Be Probated?
Sometimes I speak in lawyer language and not English.
Recently a reader asked for a laymen’s definition of the probate process.
If you have a will with a pet trust clause, that will needs to be probated.
I have written before that when an individual dies, their bills must be paid and their assets distributed.
If they die with a will (testate), then the will must be taken to the Probate Court, accepted as a valid document and filed with the Court.
If someone dies without a will (intestate) then each state legislature has established laws to determine who will receive their assets.
In either case, a Personal Representative is appointed and that individual is responsible for collecting all of the deceased assets, paying their final bills, including any taxes due, and then distributing the property, as directed by the will or the legislature.
All of this is subject to the overview and approval of the Probate Court.
The entire estate process can take from a few months to years, depending upon the state laws and the estate.
Estate administration can be simple or complex, but must generally follow specific rules and regulations and you should consult competent counsel for your assistance and protection.
Can Your Will Provide for Euthanasia for Your Pets?
We have written often on euthanasia for your pets, but I continue to receive inquiries on this issue and will preparation.
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 wishes 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.
Hopefully, you will reconsider your decision and allow your pets to live the duration of their natural lives.
Can Your Will Provide for Euthanasia for Your Pets?
We have written often on euthanasia for your pets, but I continue to receive inquiries on this issue and will preparation.
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 wishes 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.
Hopefully, you will reconsider your decision and allow your pets to live the duration of their natural lives.
Common Household Items Can be Fatal To Your Pets
If you dog is acting puny and weak today, did you offer a bite of your Super Bowl nachos with cheese, garlic and onions during the game yesterday?
It might easily have caused a poisonous reaction.
Although almost 25 percent of all poisons ingested by pets are some form of human medications, usually ibuprofen, acetaminophen and antidepressants, there are other common types of poison for your pets.
Many items commonly found around your house can be harmful.
Go here to see the rest of the top ten banned items.
Looking For A Pet Related Business?
I am often asked about various pet businesses.
There certainly are no shortages of businesses that involve pets that venture well beyond providing legal counsel.
Pet sitting.
Pet walking
Pet boarding
Pet spa.
Pet daycare.
Pet groomer.
Per “doggy duty” provider.
Pet hotel.
Pet airline.
Per transportation.
Pet funeral.
Pet memorial.
Pet coffin.
Pet urn.
Well you get the idea.
Any new businesses that I am missing that caters to pets?
Excellent Information On Pet Cemeteries
Reader Edward C Martin, III, recently responded to my post about possible problems with pet cemeteries.
He wrote:
For those who want to ensure that their pets remains will always be at the pet cemetery the pet owner should do the following prior to bringing their pet to the pet cemetery:
1. Use a pet cemetery that owns the land (rather than leases it);
2. Ensure that the land is deed restricted so that it can only be used for pet burials and no other purpose (i.e., it can't be sold to a real estate developer);
3. Use a well-established pet cemetery that is a member of the International Association of Pet Cemeteries;
4. Ensure that the pet cemetery has restricted trust funds earmarked for permanent maintenance and that the amount in those trust funds are sufficient;
5. Purchase perpetual maintenance for your plot (as opposed to annual maintenance) to ensure that your title/interest in the grave will never be lost should the annual bills not be paid due to your own death, incapacity, etc
6. Determine if the pet cemetery is regulated by state law (some states regulate pet cemeteries, some don't)
7. Do your own research on the pet cemetery you intend to use. Visit the grounds. Speak to the owners. Ask questions. Read their contracts. Educate yourself so that this scenario does not happen to you.
Great advice for those of you considering this alternative for your pets.
Is Pet Cemetery Being Unearthed a Legal Act?
I recently received an email from a distraught pet owner.
She had lost several pets and had placed their remains in a cemetery, located upon the property of her veterinarian.
While visiting the grave sites recently, she was informed that the property had been sold and that the grave markers were to be taken down and the animals removed.
Although there appears to be little statutory law that can assist this lady, she is receiving legal assistance from some local attorneys who are exploring the possibility of a restraining order as to the new owner of the property.
I will try to keep you advised as this story plays out.
Unfortunately, this situation could apply to any of us, as most case law still define pets as personal property.
More on Military Power of Attorney For Pets
I received a nice email from estate planning attorney Deirdre Wheatley-Liss, of New Jersey, on my recent post on Military Powers of Attorneys for Pets.
She wrote:
Great post - came under the heading of "things I didn't know" - so much so that this is the basis for my blog post tomorrow. I really enjoy how you keep tying your points to pets.
Well, true to her word, her blog post of Tuesday has some good information in this area and other tips for estate planning.
Visit her site here and become more educated.
Military Power Of Attorney Especially for Pets
I was speaking with a law professor this past week and she asked about a military power of attorney for pets.
There is a specific statute that can apply in this area.
The United States Code, Title 10, Armed Forces, Section 1044 b provides for Military Powers of Attorney.
The Code provides in part…
A military power of attorney is exempt from any requirement of form, substance, formality, or recording that is provided for powers of attorney under the laws of a State; and shall be given the same legal effect as a power of attorney prepared and executed in accordance with the laws of the State concerned.
For purposes of this section, a military power of attorney is any general or special power of attorney that is notarized in accordance with section 1044a of this title or other applicable State or Federal law.
Under regulations prescribed by the Secretary concerned, each military power of attorney shall contain a statement that sets forth the provisions of subsection (a).
…shall not be construed to make inapplicable the provisions of subsection (a) to a military power of attorney that does not include a statement described in that paragraph.
In this section, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and a possession of the United States.
A Special Military Power of Attorney for Pets can designate an individual or individuals to care for and maintain your pet (s) during your absence, and authorize any and all medical care necessary, including major surgery and humane disposal, as deemed necessary by the Veterinary Service:
The Military Power of Attorney can be for a time certain or until written revocation.
Or, as an alternative, The Military Power of Attorney can also be set up to state that if the Declarant shall be, or has been, carried in a military status of “missing”, “missing-in-action” or “prisoner of war,” then the power of attorney shall automatically remain valid and in full effect until sixty (60) days after the individual has returned to the United States Military control following termination of such status.
Massachusetts Governor Signs Pet Trust Legislation
According to a report by the Boston Herald, Governor Deval Patrick, of Massachusetts, has finally signed a law authorizing the creation of a trust to provide for the care of one or more pets, if the owner becomes disabled or dies.
The new law, dubbed "An Act Relative to Trusts for the Care of Animals," will become effective in 90 days.
It will authorize the creation of an enforceable trust with the pet as the beneficiary and can specify and designate the caretaker for the animal.
More than 43 states now have effective pet trust statute legislation.
Read more on the story here.
Is There A Limit To Medical Treatment For Pets?
A reader recently pointed me toward a story regarding the spiraling medical costs for pet owners.
According to Nancy Keats, a writer for SmartMoney.com, there appears to be no limit for medical treatment for pets.
She wrote:
"Dogs and cats can have pacemakers implanted at a cost of $1,000 to $1,500, while pets with kidney failure can get a kidney-clearing procedure that runs $20,000 to $25,000 for just the first few weeks. Not long ago a vet would most likely have recommended euthanasia for a cat or dog diagnosed with cancer or another serious illness. Today high-tech procedures and equipment, such as chemotherapy and MRIs — and yes, CAT scans — allow for better diagnosis and more-advanced treatment."
Is there such a thing as too much treatment for pets?
Read the full story here, and let us know your thoughts.
Happy New Year For You And Your Pets
Happy New Year!
Enjoy the new year with your family and pets.
Have fun and be safe.
Happy New Year For You And Your Pets
Happy New Year!
Enjoy the new year with your family and pets.
Have fun and be safe.
A Different Opinion On Pet Airways
With the holiday season upon us, we recently wrote here about a reader who had used Pet Airways and was one satisfied customer.
Today we received another opinion on this carrier.
..."We used them last holiday season and they were fine. This year however, it is a different story. Snow on the DC beltway...3.5 hrs attempting to get to BWI, called ahead 2 hrs to explain the gridlock, in short by 2 mins missed the van that takes pets to aiplane...out of luck no one calls you and they lock the lounge. Did learn 5 other pets missed the flt. It seems they are not able to flex..will see if there is a way to recoup some of the cost.
They are more than twice as expensive this year as last and with only one flt a week westbound...you are out of luck if weather slows you. On the other side, however, you also assume the problem if weather alters their flt schedules..."
In the interest of full disclosure, I have never used Pet Airways or any other airline to transport my dog, Anna.
Plan Now For Your Christmas Pet Present
According to reporter Shana Rose, a little over half of all pet owners will be putting a gift for the cat or dog under the tree. A majority of pet owners, 53%, said in an Associated Press-Petside.com poll that they plan to get their animals a gift this holiday season.
Whether you buy your pet a Christmas present depends on if it's a cat or a dog, and on if you're a man or a woman.
Dogs (56%) are more likely than cats (48%) to receive a gift. The poll also showed that women (56%) are somewhat more likely than men (49%) to buy their animals a gift.
You can read more here.
Do not be the only pet owner on your block to have an unhappy pet on Christmas day.
Holiday Gifts For the Animals-Just Not Your Animals
Someone recently suggested to me, that if you run out of holiday gift ideas, especially for that person that has everything, you could always remember the animals.
You can give your gift to the organization of your choice and provide notification to a friend or relative that you have donated in “their name.”
Your local humane society, shelter or animal relief agency is always in need of money and donations.
You can plan your giving to benefit homeless animals, provide supplies, adoption fees or monies directly to the shelter.
Just another form of estate planning for pets, in this case, just not your pets.
A Response From A Pet Airways Consumer
Last week, I wrote about Pet Airways and asked if anyone had any experiences to relate about the company or if any pet owners were planning to use their services.
I received this response from Chris:
"I actually just helped transport a woman and her dog from the LI to Manhattan who had used Pet Airways. She had the dog fly from FL to NY without any problems. In fact, when we arrived at the airport there were many happy dogs and happy owners, the crew was very pleasant. Overall, it seemed like a good experience. I know its only one example, but I hope this helps."
At least there is one satisfied pet owner.
Good to know.
Adopt A Pet and A Plan This Holiday Season
As we head full steam into the holiday season, I am reminded of what a friend and reader wrote to us just about one year ago.
"Pets have been proven to have positive mental and physical health benefits for the elderly. But often senior citizens forgo this benefit for fear their pets will be killed upon the owner's death. Pet trusts give peace of mind to the elderly and also help reduce the number of homeless animals. Getting old is hard enough. Why deny this comfort to the elderly? Maybe those who disagree are greedy relatives who hope to get something for nothing."
Maybe adopting a rescue animal would be a good thing for your family.
Nice, cheap present for Christmas?
And then prepare a nice pet trust for peace of mind.
Anyone Plan To Use Pet Airways?
With the holiday season approaching, we are thinking of using Pet Airways to transport our Boxer, Bennie. Do you have any experience with this airline?
Tom Batesville, In
Tom, I have not personally used Pet Airways, nor do I know anyone that has used this service.
They state that they now serve nine different cities and all of the pets travel in the cabin.
You can check out their website here and decide for yourself if this is something that you want to use.
Any readers have any experience with Pet Airways?
If so, let us know about your thoughts.
Estate Planning For Pets Includes Year End Gifting
Gifts come in all shapes.
Many pet lovers are now engaged in year-end planning for charitable gifting to their favorite animal charity or non-profit organization.
Remember, that gifts can be made in a variety of ways.
- A cash contribution by check (for receipt purposes) is still the most popular.
- You can also give a gift by using your credit card.
- You may pledge to give a gift at some time in the future.
- You may transfer tangible personal property.
- You may transfer real property.
- You may gift securities.
Plan your year-end charitable giving now and your tax return next April will look better to you.
Comcast Celebrates Pet Adoptions
It is always good to have a heart warming animal story and I have one to share today.
This week, Comcast is celebrating National Animal shelter Appreciation Week.
According to a new release by Jacky Agudelo of Cataldi Public Relations;
...Each November, the human-animal bond is celebrated with National Animal Shelter Appreciation Week. This week-long public awareness campaign (Nov. 7-13) is designed to honor and promote the important role shelters play in our communities and to increase awareness of animals waiting to be adopted at shelters across the nation. This year in Sacramento, Comcast’s series Pet Adoptions On Demand, has profiled hundreds of dogs and cats in local animal shelters, giving them the chance to have families to care for them.
Since Comcast launched Pet Adoptions On Demand in 2006, over 32,000 adoptable pets at over 100 shelters have been featured in video profiles. In Sacramento alone, 1,185 pets have been profiled in On Demand promotional videos to help them find nurturing homes, through Comcast’s On Demand services and in conjunction with the hard work of loving local animal shelters including Animal Rescue League, Cats About Town Society and Yuba County Sheriff's Animal Care Services...
Every month in 27 cities, Pet Adoptions On Demand airs up to 30 profiles of adoptable animals living in shelters, which Comcast Digital video customers can watch any time with the click of a remote. Each short video tells a prospective adoptee everything they need to know about their furry star – including its name, tag number, history and temperament. The series also lists phone numbers of local shelters so that individuals can call to find out more information, arrange an in-person visit or learn more about the shelter’s services..."
Check out this series and adopt your favorite pet.
The Need To Revisit A Replevin Action For Your Pets
We recently received another inquiry regarding the use of a replevin action for a pet.
A writ of replevin is a prejudgment process ordering the seizure or attachment of an alleged illegal taking or wrongfully withheld property, goods or chattle (any kind of personal property).
The action of replevin dates all the way back to the common laws of old England and was first used in the thirteenth century. This type of writ is commonly used to take property from an individual wrongfully in possession of that specific property and return it to its rightful owner.
We have discussed on many occasions the evolution of the status of pets and companion animals. They originally were clearly identified as the “personal property” of their owners in the eyes of the Court. But now, in most circumstances, they have been elevated to a higher position.
In many situations, the attorney for the owners have determined that it is necessary to file an action to demand the return of “personal property” if a pet has been wrongfully taken or detained.
There may be no other legal remedy available.
The Sacramento Bee on Pet Trusts
I would like to give a big thank you to writer Claudia Buck of the Sacramento Bee.
She recently authored an articled entitled,” Personal finance: legal trusts provide for pets after owner dies.”
Ms. Buck was kind enough to interview me regarding my thoughts and some opinions on pet trusts and even used some material for the article.
You can read the entire story here.
Thanks again to Ms. Buck for providing the opportunity to spread the word on the growing usage of pet trusts.
What Is The Pet Care Trust Foundation?
Do you know anything about the Pet Care Trust?
Tommy St. Simons Island, GA
Tommy, according to their website, “The purpose of The Pet Care Trust is to promote public understanding regarding the value of and the right to enjoy companion animals, to enhance society's knowledge about companion animals through research and education, and to promote professionalism among members of the companion animal community.”
Their Mission is “To promote humane and responsible care and treatment of companion animals; to focus national attention on the important and vital role which responsible companion ownership places within society; to provide funding for research, special projects and education programs; to improve animal health and welfare; to support human-animal interactions and bonds; to assist the public understanding of the role of the pet industry.”
One of the most popular programs is Pets in The Classroom, where fund monies are available for teachers. The money is used to buy pets for every day school classrooms. The goal is to expose young students to the life and care of pets. Grants are available to purchase pets, their supplies or their food.
Check out their entire site here.
Halloween Tips For Pet Owners
Halloween tips from our good friends at the Humane Society of Naples...
The Humane Society Naples asks pet owners to pay extra attention to their pets’ comfort and safety on Halloween. For many pets Halloween night is truly a frightening experience. For these pets there are several ways to minimize the anxiety and danger pets face during this premier fall holiday.
First, it’s best to keep them inside that afternoon and evening, preferably in a softly-lit room in the quietest part of the home. Placing a radio in this room and setting it at low volume to a gentle, easy-listening station will mask some of the disquieting, unfamiliar sounds the pet would otherwise hear. Keeping the pet in a separate quiet room will have the added benefit of keep it from dashing out an open door, or worse, attacking a young trick-or-treater.
The lanai is not a good place for them either. It is unprotected and sometimes even magnifies the ambient sounds. Make sure to keep candy and decorations away from your pet—lit candles, too!
Pet owners who put costumes on their pets for a night out or just around the house should try to make sure the fit is comfortable and non restrictive for the pet.
Be safe and have a great Halloween.
Estate Plans For Service Dogs?
We have had some recent inquiries regarding estate planning for services dogs.
Our friend from north of the border, Attorney Lynn Butler, Senior Will & Estate Planner, Scotia Private Client Group, recently lead a discussion as to whether people do something different in their wills for guide dogs or service dogs than they do for a pet.
Remember that in most states, a service animal is not considered a pet.
There are specific state and federal laws need to be followed in this regard, including the Americans with Disabilities Act.
For example, the Florida law states, in part…
Florida State Law: Title 30 - 413.08 Rights of Physically Disabled Persons
(b) "Individual with a disability" means a person who is deaf, hard of hearing, blind, visually impaired, or otherwise physically disabled. As used in this paragraph, the term:
1. "Hard of hearing" means an individual who has suffered a permanent hearing impairment that is severe enough to necessitate the use of amplification devices to discriminate speech sounds in verbal communication.
(d) "Service animal" means an animal that is trained to perform tasks for an individual with a disability. The tasks may include, but are not limited to, guiding a person who is visually impaired or blind, alerting a person who is deaf or hard of hearing, pulling a wheelchair, assisting with mobility or balance, alerting and protecting a person who is having a seizure, retrieving objects, or performing other special tasks. A service animal is not a pet.
(4) Any person, firm, or corporation, or the agent of any person, firm, or corporation, who denies or interferes with admittance to, or enjoyment of, a public accommodation or otherwise interferes with the rights of an individual with a disability or the trainer of a service animal while engaged in the training of such an animal pursuant to subsection (8), commits a misdemeanor of the second degree, punishable as provided
in s. 775.082 or s. 775.083.
Estate planning for a service dog is indeed a very different process.
More to follow…
Reader Needs Help To Replevin Her Dog...
Any attorneys in Maryland that want to reach out to help this pet owner that sent me this message?
"I am having trouble finding the help and answers to my problem. I have talked to several local lawyers to no avail. I am wanting to seek custody back of a puppy. I sold the puppy to a "friend"/coworker. I wrote up a contract with specifics on payment plan and the puppy starting shots, etc. One month later, no record of shots were received by me, and repeatedly asked new owner for said records. I did file a writ of replevin, and had new owner served by sheriff. Before the hearing, me and new owner made arrangements to start shots, etc.
Needless to say, I let my guard down and trusted that follow-up boosters and rabies were to be completed. I did withdrawal case as I truly thought new owner would be compliant. Well, these were not done and I again contacted new owner. I am not happy with their excuses and no proof of shots for puppy. I did however, contact last place of original shot, and received a record of said puppy starting these shots again. To date, I have not received copy of booster shot or rabies shot for puppy. I did send a certified letter to person notifying them of my intentions to seek custody again.
The courts here really have no idea how to handle a case like this, I am at my wit's end here, this puppy's health and life can be at risk here. I have talked to a few lawyers here about breach of contract, etc, and I am getting nowhere. It is getting really frustrating and each day that goes by, this puppy is at risk.
If you have any advice or need more info, please contact me. There is a little more to story, but trying to keep it short."
Contact me for the name and number if you are interested….
Why Do I Need An Emergency Power Of Attorney For My Pets?
Why have an emergency Power of Attorney prepared in advance for your pets?
Well, in the event that you are unable to provide for the care of your pets, you could authorize an Agent to act on your behalf.
The Power of Attorney would allow the Agent to take emergency and temporary possession and custody of your pets and spend such amounts of your money as may be necessary for their health, care and welfare.
The Power can also give the Agent the ability to pay for food, veterinary care or insurance, toys and other recreational activities, as well as temporary boarding and pet-sitting fees.
It can also specify that the Agent makes sure that your pets receive the same standard of health, care, and welfare as you would normally provide.
When your emergency has ended, you can simply rescind the Power of Attorney and return to taking personal care of your pet.
It will only be used in an emergency and is for the protection of you and your pets.
A win-win situation for all involved.
Do I Need Liability Coverage For My Dog's Estate Plan?
Are your pets covered under your homeowner’s owner’s policy?
That is a good question without an easy answer.
You first need to review your current policy.
You are probably covered for damages that they cause to others.
However, more and more insurance companies are requiring a separate endorsement with an additional premium for this coverage.
The purchase of this coverage may not really be an issue, because as the owner of a pet, you are already liable for any damage caused by their pets.
Insurance may pay for any losses caused by your pet, but make sure that the monetary cost to you is worthwhile.
Business Insurance For Pet Kennels
I was recently involved in a discussion with some entrepreneurs who were interested in opening a dog kennel/boarding facility.
The issues of insurance coverage were fully discussed and I offered the following information.
If you are considering this type of business, you should investigate the costs of:
Liability Coverage
Directors and Officer Liability
Property Damage Coverage.
Bonding, and
Accidental Medical Coverage.
Most of these policies are available from commercial insurance brokers.
The costs will vary substantially between geographic areas, as well as the business entity status, particularly for non-profits.
Make sure that you and your business are protected.
Is Freeze Dry a Part Of Your Estate Planning For Your Pets?
Okay, some say that pet owners are obsessed with their pets and that even thinking about a pet trust or estate planning for a pet is a silly idea.
Well, maybe so, but I think that there may be even sillier ideas to consider.
Perpetual Pet, a West Virginia company, posts on their website that:
"We at Perpetual Pet know that the loss of a dearly loved pet is a very difficult experience. Through the use of new techniques in freeze dry technology, we can offer a "Loving and Lasting" alternative to burial cremation or traditional taxidermy. Freeze-dry pet preservation creates a lasting memorial and more importantly, preserves your pet in a natural state thereafter, without any alteration in appearance. This allows pet owners to see, touch and hold their pets, and in a sense, "never have to let go." Best of all, freeze-dry pet preservation results in the preservation of your pet's actual, physical body. This is in sharp contrast to the conventional method of taxidermy, in which only the outer hide of the animal typically remains, attached to a plastic form or other type of artificial mounting."
If this is your idea of estate planning for your pets, you might want to visit their site here.
I will pass.
Owner Needs Help to Care for Connecticut Pet
I received this plea this weekend from a reader in East haven Connecticut.
"hi, my dog vanessa, a toy australian sheppard, ran out yesterday and got hit by a car. we took her to the er and there they said either we put her to sleep cause we could not afford the cost of care or sign her over to be adopted. we are heartbroken is this okay? how can human beings allow this sort of thing to happen? i can not sleep thinking about her. is there anything we can do?"
Some suggestions from others include:
"Most vets have access to sources of financing for things like this. I hope they have at least given her something for pain while you make a decision. If they will fix her up at no cost to you and then allow her to be adopted, that seems to indicate that they have indigent care available for her.
Your options appear to be:
1. Euthanization
2. Adoption
3. Finding a source of financing
Did they give you an estimate of the cost?
If she's in pain you have to make a decision quickly, for her sake.
Surely there must be something you can sell to raise the funds. Even a payday loan place is better than nothing. Or a car title lending place. Family, friends.
Do let us know how it turns out. And please, make sure she isn't in pain while you decide.
Please urge this individual to make a decision quickly for the sake of the dog. Also, it would help to know what city you and the dog owner are in, in case somebody wants to adopt her. Maybe the dog could be adopted and then purchased back by the original owner when he gets funds together, but only if that would be in the best interest of the dog. Chances are, somebody with a fenced yard and more stable finances could provide a better home, although it's sad to realize that a dog will never forget her original owner."
Any other thoughts out there…please respond.
Florida Veterinarian Proposes Legislation For Loss of Pets
Kenneth Newman, DVM, operates an emergency hospital for animals in St. Petersburg, Florida.
He has also written proposed legislation entitled, Gracie’s Law, to honor Gracie, his deceased Labrador retriever.
Gracie was killed by a negligent driver who crushed Gracie and Dr. Newman between two cars.
The proposed Florida law would allow the owner of a pet that is killed through a deliberate act of malice, or through an act of negligence, to be able to obtain compensation for loss of companionship of the pet and for pain and suffering.
The current law, in almost all jurisdictions, is that pets are still considered to be the personal property of the owner.
If a pet is injured or killed, the owner is only entitled to recover the depreciated value or “cost” of the animal.
Dr. Newman wants that law to reflect the changing attitude of pet owners.
You can visit his site here.
Plan Carefully When You Board Your Pet
As the holiday season begins to gear up, many pet owners will be traveling and face a difficult decision as to the care of their pets.
If you choose to board your pet with a professional organization, you need to understand that sometimes the return home with your pet can be a very unsettling situation for the both of you.
Before you board your pet, you need to follow at least minimal guidelines
Be sure that you have variable references and actually use them.
Interview the boarding facility staff that you plan to use.
Visit the facility unannounced and check the building and the grounds.
How do the pets that are boarded appear in their condition and behavior?
Is the facility clean and relatively odorless?
Is the staff animal friendly?
What requirements are there for the boarded pets, including shots and ID tags?
Do you have a good feel for the place?
Finally, take your pet there and see if they like the facility and the staff.
The decision to board your pet while you are on an extended visit is not an easy one to make, but if you utilize these tips, the decision can be less painful for you and your pets.
How Much Should You Pay A Pet Trustee?
This week, I had the pleasure of meeting with a group of estate planning attorneys and financial advisers in Naples, Florida, to exchange ideas and then to present a seminar on Estate Planning for Animal Owners.
The two main areas of concern were the payment of trustee fees and the amount of money needed to fund the trust.
I discussed the first issue recently in a post.
Unless the trust instrument has some type of specific prohibition, the trustee is entitled to "reasonable compensation" for their services as a trustee.
What is reasonable compensation?
That is a good question and is usually based upon an hourly rate or a percentage fee of the total amount of the trust.
Bank trust departments will customarily charge an annual fee equal to approximately one percent (1%) of the current value of the trust's assets. They may charge a lower fee, but then add on transaction charges for every action.
If the trust instrument provides for specific compensation, you should follow the dictates of that document. If you feel that the compensation provided for in the trust is unreasonable or unduly burdensome, you can either resign as the trustee or petition the court for additional compensation.
The trustee’s fee is normally paid on a quarterly basis. Remember, compensation (but not expense reimbursements) that is received as a trustee, is taxable to the trustee, usually as self-employment income.
Some trustees want to waive the compensation because of their love for the family or animals involved. If you want to do this, make sure that you consult with your accountant about how to document this compensation in the correct manner. Otherwise, you may have taxable income imputed to you even though you do not actually receive it.
The duties and responsibilities of a pet trustee are serious and legally binding. Receiving reasonable compensation for the performance of this role is fair and anticipated.
Labor Day
Today is labor Day.
A celebration of the American worker and their strength, knowledge and perseverance.
Even in these tough times.
Enjoy today with your family and your pets.
Forget your job.
Forget your 401(k).
Forget the economy.
Have a picnic.
Take a hike.
Go to the beach.
Have a bar-b-que.
Enjoy and relax...
Veterinarians Are Cool
Many animal lovers want to take their experiences and attitude toward the next level.
Some believe that the ultimate animal lover is the veterinarian.
Taking care of animals for a living is certainly a lofty and worth goal, but how does one achieve that status.
I am certainly not the authority, but your might start here.
The site is designed for the professional, but leads to a great deal of useful information for professionals and simple pet lovers alike.
Let me know if you find it useful.
Does Your Pet Need Life Insurance?
I spoke with a client recently regarding estate planning for her pets and she asked about life insurance for her cats.
We have found that some companies will provide life insurance coverage for your pet, including VPI Pet Insurance, PetPlan Pet Insurance, PetCare Insurance, National Insurance Company and the Oriental Insurance Company Limited.
Benefits can range from $200 to $750 for non-show pets, while higher limits of $1,000 to $10,000 are available.
I am not sure if the plans are a good value, but the insurance may be worthwhile to some pet owners.
If you have any interest in these policies for your pets, be smart, shop around, compare policies and companies, and then decide if it is right for you.
Baby Boomers State That Pet Care Is A Basic Need
How important are pets to baby boomers?
Well, according to a recent survey by MainStay Investments, fifty-one percent of all baby boomers said that Pet Care was a basic need for them.
Pets followed the need for Internet access and birthday shopping as necessities cited by the interviewed adults; aged 45 to 65.
Many boomers stated that they were willing to continue working and push back their retirement dates to maintain their current lifestyles.
See more on the survey at www.seniorrealestate.com.
In addition, keep on working and providing for your pets.
Pet Health Insurance Is Part of Estate Planning For Your Pets
One question that I constantly receive concerns pet health insurance.
I have stated on many occasions that I have no opinion either way, although I personally do not have any pet heath insurance for our dog, Anna.
There are numerous plans for you to review and compare as to coverage and rates.
This site is a good place to begin your inquiries.
Let me know what you decide.
Hire A Professional Sitter to Protect Your Pet
More and more pet owners are utilizing the services of a professional pet sitter for their pets, rather just asking a neighbor to “check in” on their furry families.
If you choose this route, be sure to provide at a minimum, the following information.
Your Name;
Your email address;
Your cell phone numbers;
Your travel plans and dates;
The name of the hotel or location you are visiting along with all local email, cell phone and facsimile information;
The name and address of your veterinarian;
The business and cell phone of your veterinarian;
Driving instructions to you veterinarian;
The name and number of a local personal contact for emergency purposes, and
An updated power of attorney for that local contact.
Plan ahead and the emergencies will be minimized.
Is A Guide Dog Property Or A Pet?
I recently was asked if there is a difference as to whether or not a guide dog in training, was afforded the same statutory rights, protections and privileges as a guide dog.
Interestingly enough, nearly two years ago, I wrote about this same issue.
Every state has a least one statue regarding the use and protection of guide dogs or service animals as they are often called.
For example, California law is clear in that “Housing providers have an affirmative obligation to engage in an interactive process with a tenant or prospective tenant who requests that his/her service animal be permitted to reside with him/her in the subject housing accommodation and provide that reasonable accommodation, absent a specific legal justification for not granting the request.”
This led me to do a little research on Florida Statutes.
We have discussed many time of the current dichotomy in the courts between the treatment of pets as simply personal property and as a member of the family with emotional value, as well.
Florida Statute 413.081. Interference with or injury to a service animal; penalties; restitution, provides an interesting insight into that argument in that:
"(2) A person who, with reckless disregard, injures or kills, or permits a dog that he or she owns or is in the immediate control of to injure or kill, a service animal commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(3) A person who intentionally injures or kills, or permits a dog that he or she owns or is in the immediate control of to injure or kill, a service animal commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4)(a) A person who is convicted of a violation of this section, in addition to any other penalty, must make full restitution for all damages that arise out of or are related to the offense, including incidental and consequential damages incurred by the service animal's user.
(b) Restitution includes the value of the service animal; replacement and training or retraining expenses for the service animal and the user; veterinary and other medical and boarding expenses for the service animal; medical expenses for the user; and lost wages or income incurred by the user during any period that the user is without the services of the service animal."
It is interesting that this statute provides for additional compensation to the animal owner, in addition to the actual value (personal property) of the animal.
Disaster Kit For Your Pets
Today we continue with our hints from the Red Cross and other agencies on adequate preparation for your pets and pending disasters.
Whether you are away from home for a day or a week, you'll need essential supplies. Keep items in an accessible place and store them in sturdy containers that can be carried easily (duffel bags, covered trash containers, etc.). Your pet disaster supplies kit should include:
• Medications and medical records (stored in a waterproof container) and a first aid kit.
• Sturdy leashes, harnesses, and/or carriers to transport pets safely and ensure that your animals can't escape.
• Current photos of your pets in case they get lost.
• Food, potable water, bowls, cat litter/pan, and can opener.
• Information on feeding schedules, medical conditions, behavior problems, and the name and number of your veterinarian in case you have to foster or board your pets.
• Pet beds and toys, if easily transportable.
Disaster Planning For Your Pets
Red Cross disaster shelters cannot accept pets because of states' health and safety regulations and other considerations. Service animals who assist people with disabilities are the only animals allowed in Red Cross shelters. It may be difficult, if not impossible, to find shelter for your animals in the midst of a disaster, so plan ahead. Do not wait until disaster strikes to do your research.
• Contact hotels and motels outside your immediate area to check policies on accepting pets and restrictions on number, size, and species. Ask if "no pet" policies could be waived in an emergency. Keep a list of "pet friendly" places, including phone numbers, with other disaster information and supplies. If you have notice of an impending disaster, call ahead for reservations.
• Ask friends, relatives, or others outside the affected area whether they could shelter your animals. If you have more than one pet, they may be more comfortable if kept together, but be prepared to house them separately.
• Prepare a list of boarding facilities and veterinarians who could shelter animals in an emergency; include 24-hour phone numbers.
• Ask local animal shelters if they provide emergency shelter or foster care for pets in a disaster. Animal shelters may be overburdened caring for the animals they already have as well as those displaced by a disaster, so this should be your last resort.
Next, we will look at a pet disaster supply kit.
What Is The Value Of A Pet?
Many pet owners, veterinarians, attorneys and other professionals have tried to describe the relationship and bond between an animal owner and their pets.
Despite the many attempts, I believe a paragraph that was written almost 20 years ago is still one of the best explanations that I have ever seen or heard.
California Supreme Court Justice Arabian wrote the following, in his dissenting opinion in Nahrstedt v. Lakeside Village Condominium Ass’n., 8 Cal. 4th 361, 390 (1994):
"The value of pets in daily life is a matter of common knowledge and understanding as well as extensive documentation. People of all ages, but particularly the elderly and the young, enjoy their companionship. Those who suffer from serious disease or injury and are confined to their home or bed experience a therapeutic, even spiritual, benefit from their presence. Animals provide comfort at the death of a family member or dear friend, and for the lonely can offer a reason for living when life seems to have lost its meaning… Single adults may find certain pets can afford a feeling of security. Families benefit from the experience of sharing that having a pet encourages."
That description essentially covers many phases and aspects of life.
Sounds good to me.
Do you have a better one to offer?
Do You Have a Pet Power of Attorney?
Did you know that in the event that you ate unable to provide for the care of your pets, that you can authorize an Agent to act on your behalf.
The Pet Power of Attorney would allow the Agent to take emergency and temporary possession and custody of your pets and spend such amounts of your money as may be necessary for their health, care and welfare.
The Power can also give the Agent the ability to pay for food, veterinary care or insurance, toys and other recreational activities, and temporary boarding and pet-sitting fees.
It can also specify that the Agent makes sure that your pets receive the same standard of care as you would normally provide.
When your emergency has ended, you can simply rescind the Power of Attorney and return to taking personal care of your pet.
It will only be used in an emergency and is for the protection of you and your pets.
If you do not have a Pet Power of Attorney, now is the right time to have one prepared.
See your attorney for the correct assistance and direction.
What Is Reasonable Compensation For A Trustee of a Pet Trust?
Why would anyone chose to serve as a Trustee of pet trust?
Well, for one thing, unless the Trust Instrument has some type of specific prohibition, the Trustee is entitled to "reasonable compensation" for their services as a Trustee.
What is reasonable compensation?
That is a good question and is usually based upon an hourly rate or a percentage fee of the total amount of the Trust.
Bank trust departments will customarily charge an annual fee equal to approximately one percent (1%) of the current value of the trust's assets. They may charge a lower fee, but then add on transaction charges for every action.
If the Trust Instrument provides for specific compensation, you should follow the dictates of that document. If you feel that the compensation provided for in the trust is unreasonable or unduly burdensome, you can either resign as the Trustee or petition the court for additional compensation.
The trustee’s fee is normally paid on a quarterly basis. Remember, compensation (but not expense reimbursements) that is received as a Trustee, is taxable to the trustee, usually as self-employment income.
Some Trustees want to waive the compensation because of their love for the family or animals involved. If you want to do this, make sure that you consult with your accountant about how to document this compensation in the correct manner. Otherwise, you may have taxable income imputed to you even though you do not actually receive it.
The duties and responsibilities of a Pet Trustee are serious and legally binding. Receiving reasonable compensation for the performance of this role is fair and anticipated.
Continuing Comments On Euthanasia for Pets
Our readers and posters continue to discuss the effects and affects of pet euthanasia.
..."Thanks for posting! I should also add that Virginia, where I'm located, has seen substantial changes in 2008 with its animal law provisions, along with a rash of hoarding and abuse cases.
The statute mandates standards of care, and vets and shelters (and possibly now judges) may refuse to put down a perfectly healthy animal.
I am very empathetic to the individual who, particularly given the economic climate, is unable to pay for the care of their animals.
But there are many, many rescues and shelters out there who are able to help -- and as my earlier comment notes -- often cage-free and in a foster situation."
Let us know your thoughts...
Pet Trusts Are an Essential Part of Estate Planning For Animal Owners
I am constantly asked about the basic elements of a pet trust.
The trust is a written formal agreement where a trustor (the one writing the trust) places the ownership rights to a specific piece of property or asset under the control of another person, called a Trustee.
The Trustee is to conserve and protect the property on the behalf of someone else, called the beneficiary, who has been designated by the Trustor.
A typical trust will contain provisions for:
(1) The purpose for which the trust was established;
(2) details of the assets placed in the trust;
(3) the powers and limitations of the trustees, including all duties and responsibilities;
(4) form of trustees' compensation; and
(5) conditions and terms that will terminate the trust.
When you are doing estate planning for animal owners, the pet owner is the trustor and the pet is the specific asset to be protected by the trustee.
The trustee provides the funds to take care of the pet.
You also obviously need to appoint a caregiver to physically take care of the pet.
Any remaining monies in the trust after the death of the pet, goes to a secondarily named beneficiary of the trust.
Plan For A Safe Fourth of July Weekend For Your Pets
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, has offered 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.
Is Euthanasia a Viable Component of Estate Planning for Animal Owners
The issue of euthanasia for pets continues to bring new and different comments from the readers.
Here is the latest post:
As an owner of an animal, do we have the right legally to euthanize our healthy pet due to a health issue, death, or loss of income.
1) I agree caging a dog that has never been crated is cruel and they can lose sanity within a certain amount of time.
2) Risking that the adopter will be kind and loving is an ongoing torture for the previous owner. 3) Getting lost by the new owner is more mental and emotional torture for the previous owner.
Life doesn't guarantee humans a steady smooth course and sometime we must sacrifice giving away our beloved pets.
My question is as a pet owner do we have the right to put our healthy pet down if we fear for its safety and well being?
What If we feel, no one will love them and care for them the way we did?
After death we know where our pet is and our belief is that they are in a better place and at peace.
I would like to know what other readers feel about this.
Plan For Your Pet's Safety
Summer is here with a vengeance.
At least, in Southwest Florida.
It may not be in the middle 90’s where you live, but the summer time will surely mean warmer temperatures for you and your pets.
Use extra caution and do not forget to take care of your animals.
One of our favorite animal advocates is Dr. Nancy Kay, DVM.
Her are some of her summer tips:
-Never leave your dog inside the car on warm or hot days. A panting dog in an enclosed space quickly creates a muggy greenhouse environment that can quickly cause heatstroke. Even with the windows down, temperatures inside a car can rise to 120 degrees or more. If you happen upon a dog confined in a car on a hot day, find the owner of the vehicle or contact a police officer- whichever will most rapidly liberate the dog from danger.
-Exercise your dog early in the morning or during evening hours to avoid the heat of the day.
-Allow for plenty of rest and water breaks during play activity and exercise. Your dog may not know his limits and will continue to enthusiastically chase the Frisbee even when his internal thermometer is getting ready to blow a fuse.
-Keep your dog indoors, ideally in air conditioning, on very hot days.
-If your dog is left outside, be sure he has plenty of shade and provide him with access to a sprinkler, wading pool, or sand pit soaked with water.
-If flying with your dog during the summer months schedule your flight for nighttime or early morning. Check with the airlines to find out whether or not the cargo hold is temperature controlled.
You can catch her advice here.
Three Million Dollars Left To Fund a Pet Trust-Mansion to Caregiver
Victor Posner was an American businessperson, millionaire and philanthropist who was an original pioneer of the leveraged buyout.
Upon his death, he left a wife and son to survive him.
That wife Gail, has now passed away and left $3 million in a trust to her pet Chihuahua, Conchita and two other dogs.
Her housekeeper will be able to live, rent free, in an $8.3 Million Miami Beach mansion, as long a sheremains the caregiver of the dogs.
She also left some $26 million to house staff and bodyguards.
By the way, she left her son Carl----One million dollars.
Different Type of Pet Trusts Used in Estate Planning for Animal Owners
A pet trust can be established thorough a testamentary trust or with an inter vivos trust.
An inter vivos trust is one that takes place immediately upon the completion and execution of the document. We generally think of this type of trust as a living trust and it is usually revocable by the trust grantor, creator or settlor (all of these terms are used interchangeably).
The living trust can be used to plan for unforeseen circumstances such as incapacity, disability and eventually the death of the grantor.
The grantor also usually serves as the original trustee or co-trustee. In the case where two or more co-trustees serve, the trust instrument can provide that either trustee may act alone on behalf of the trust or require both co-trustees to actor sign.
The trust may never actually be needed or used until the death of the grantor, but it is always available if necessary. It can be changed or altered or even revoked by the grantor at any time.
In a pet trust, this provides that there will be no lapse of care or treatment for your pet and no delay because of any probate process.
On the other hand, a testamentary trust is one that is created in a will.
Since a will is an ambulatory instrument, in that it never is effective until the testator (the one who writes the will) actually dies, this trust will not spring to use until the pet owner is no longer around.
Additionally, a will must go through the probate process, see here, and there may well be some time delays.
This delay may cause issues for the ability of your pet caretaker to secure the means and authority to take care of your pet.
One advantage of this type of trust is that is may be less expensive than the living trust. The trust clauses can be incorporated into the will of the pet owner and thus, become an integral part of the overall estate planning process.
Yet Another View on Pet Euthanasia and Estate Planning for Animal Owners
Another response on the continuing issue of euthanasia for your pets follows from a regular reader.
"Your reader's concern for preserving the life of a healthy pet when he is gone is laudable.
It is not realistic, though, to push that responsibility on to others without providing them with the means to do so.
Whether through a pet trust or informal arrangements of the sort the read describes,chosen cargivers must be provided with the financial resources to insure the pet's proper care."
Send us your thought son this issue.
How Much is Too Much Money For Your Pet Trust?
The question of how much money should be placed into the pet trust is a constant issue.
Unfortunately, there have been very few court decisions to give us the appropriate guidelines for this matter.
One older case, dating to 1974 entitled, In re Lyon Estate, 67 Pa. D. 7 C.2d 474 (1974), does provide some insight, as reported by Suzette Daniels of Michigan State University-Detroit College of Law here.
"Oftentimes, courts have the power to reduce the gift if it is deemed to be an unreasonable amount. Such was the case of the will written by Florence Lyon. Her will directed that the principal or income of her estate was to be used for the care of her six dogs and four horses, and the residuary was to go to Princeton University. At the time of her death, the income was deemed to be approximately $40,000 to $50,000 a year. Clearly this is an excessive amount of money to care for these animals, but there was language to suggest that Ms. Lyon might not have had any idea how large her estate was or how much it would cost to care for these animals The court determined that the life expectancy for them was anywhere from one to twenty years. It further ascertained that, “It will take five acres of land, a $22,000 shelter and $5,000 a year to care for the presently living animals.” With this information in mind, the court held that the amount indicated by the testator was excessive. It modified the provision by directing the executors to either reserve $150,000 to be held for the care of these animals or give the entire residuary to Princeton University immediately but with an agreement that Princeton provide the care for these animals.
While an excessive amount of money could lead to court interference, an amount too small to properly care for the animal could lead to financial hardship on the part of the caretaker.
Testators should not only determine an amount of money that is reasonable to cover day to day maintenance but also factor in expenses for emergency medical care and hospitalization".
Planning for disaster is a part of the estate planning for your pet.
Unfortunately, it is that time of the year again...Hurricane Season!
Disaster will strike all of us at one time or another. We just don’t know when or where. As pet owners, we have the responsibility or planning for the care of our pets during these chaotic times.
According the the American Red Cross, the best way to protect your family from the effects of a disaster is to have a disaster plan. If you are a pet owner, that plan must include your pets. Being prepared can save their lives.
Different disasters require different responses. But whether the disaster is a hurricane or a hazardous spill, you may have to evacuate your home.
The Red Cross provides the following information...in the event of a disaster, if you must evacuate, the most important thing you can do to protect your pets is to evacuate them, too. Leaving pets behind, even if you try to create a safe place for them, is likely to result in their being injured, lost, or worse. So prepare now for the day when you and your pets may have to leave your home.
1. Have a Safe Place To Take Your Pets.
Red Cross disaster shelters cannot accept pets because of states' health and safety regulations and other considerations. Service animals who assist people with disabilities are the only animals allowed in Red Cross shelters. It may be difficult, if not impossible, to find shelter for your animals in the midst of a disaster, so plan ahead. Do not wait until disaster strikes to do your research.
• Contact hotels and motels outside your immediate area to check policies on accepting pets and restrictions on number, size, and species. Ask if "no pet" policies could be waived in an emergency. Keep a list of "pet friendly" places, including phone numbers, with other disaster information and supplies. If you have notice of an impending disaster, call ahead for reservations.
• Ask friends, relatives, or others outside the affected area whether they could shelter your animals. If you have more than one pet, they may be more comfortable if kept together, but be prepared to house them separately.
• Prepare a list of boarding facilities and veterinarians who could shelter animals in an emergency; include 24-hour phone numbers.
• Ask local animal shelters if they provide emergency shelter or foster care for pets in a disaster. Animal shelters may be overburdened caring for the animals they already have as well as those displaced by a disaster, so this should be your last resort.
2. Assemble a Portable Pet Disaster Supplies Kit
Whether you are away from home for a day or a week, you'll need essential supplies. Keep items in an accessible place and store them in sturdy containers that can be carried easily (duffel bags, covered trash containers, etc.). Your pet disaster supplies kit should include:
• Medications and medical records (stored in a waterproof container) and a first aid kit.
• Sturdy leashes, harnesses, and/or carriers to transport pets safely and ensure that your animals can't escape.
• Current photos of your pets in case they get lost.
• Food, potable water, bowls, cat litter/pan, and can opener.
• Information on feeding schedules, medical conditions, behavior problems, and the name and number of your veterinarian in case you have to foster or board your pets.
• Pet beds and toys, if easily transportable.
3. Know What To Do As a Disaster Approaches
• Often, warnings are issued hours, even days, in advance. At the first hint of disaster, act to protect your pet.
• Call ahead to confirm emergency shelter arrangements for you and your pets.
• Check to be sure your pet disaster supplies are ready to take at a moment's notice.
• Bring all pets into the house so that you won't have to search for them if you have to leave in a hurry.
• Make sure all dogs and cats are wearing collars and securely fastened, up-to-date identification. Attach the phone number and address of your temporary shelter, if you know it, or of a friend or relative outside the disaster area. You can buy temporary tags or put adhesive tape on the back of your pet's ID tag, adding information with an indelible pen.
The Red Cross further advises that you may not be home when the evacuation order comes. Find out if a trusted neighbor would be willing to take your pets and meet you at a prearranged location. This person should be comfortable with your pets, know where your animals are likely to be, know where your pet disaster supplies kit is kept, and have a key to your home. If you use a petsitting service, they may be available to help, but you need to discuss the possibility with them well in advance.
Planning and preparation will enable you to evacuate with your pets quickly and safely. But keep in mind that animals react differently under stress. Outside your home and in the car, keep dogs securely leashed and transport cats in carriers. Don't leave animals unattended anywhere they can run off. The most trustworthy pets may panic, hide, and try to escape, or even bite or scratch. And, when you return home, give your pets time to settle back into their routines.
Planning for disaster is a part of the estate planning for your pet.
A Reader's Thoughts on Pet Euthanasia and Estate Planning
I have written extensively on the various views on euthanasia for pets.
I recently received this email from one of our readers in response to a previous posting by another reader.
I can't possibly condone euthanizing perfectly healthy animals just because I'm no longer around. I would think it best to plan for your companion animals as follows: (1) Name individual(s) who can have the first option of whether to take your animals when you die; or (2) If there is no such individual, look to the place that you got your pet. Any breeder, rescue or shelter worth a lick should have had a contract stating that they would take the animal back (and should be given the opportunity to OK the individual who you name in option #1); or (3) If that fails, look to the local shelter -- or rescue if you are not satisfied with your local shelter.
The reader's blanket statements just don't hold up. First, I do not understand the statement that cruel people adopt from shelters. Many, many wonderful folks adopt many, many wonderful animals from shelters every year. Second, there are so many incredible rescue organizations out there, many of which are foster only, with no cages at all. For that matter, more and more local shelters are also setting up foster programs.
Don't get me wrong -- I believe euthanasia has its time and place. It just seems incredibly egotistical to me to think that an animal shouldn't go on because I'm no longer around. I guess I have more faith in people, shelters and rescues than this particular reader.
Your thoughts or response?
How Do Other Nations Citizens Treat Their Pets?
Do other countries treat their pets the same as we do in the United States?
Betty Lou Lakeland, Florida
Well, Betty Lou, here is one example that is over twenty years old:
In 1987, The member States of the Council of Europe, entered into the European Convention for the Protection Of Pet Animals.
It defined a “pet animal” as any animal kept or intended to be kept by man, in particular in his household, for private enjoyment and companionship.
Under the Agreement, the principles of “Keeping” an animal include:
1. Any person who keeps a pet animal or who has agreed to look after it shall be responsible for its health and welfare.
2. Any person who is keeping a pet animal or who is looking after it shall provide accommodation, care and attention which take account of the ethological needs of the animal in accordance with its species and breed, in particular:
(a) give it suitable and sufficient food and water;
(b) provide it with adequate opportunities for exercise;
(c) take all reasonable measures to prevent its escape;
3. An animal shall not be kept as a pet animal if:
(a) the conditions of paragraph 2 above are not met or if,
(b) in spite of these conditions being met, the animal cannot adapt itself to captivity.
The entire text can be read here.
Some interesting issues and guidelines are presented in this document.
New York Improves Pet Trust Laws
In 1996, the New York legislature enacted a law to allow for the creation of trusts for pets.
However, that statute had a twenty-five year limitation for the duration of the trust.
Governor David A Patterson recently signed a new amendment to the older legislation.
New York has now joined the majority of states that recognize the longer time duration for the pet trust and conforms to the Uniform Trust and Probate Codes.
The trust may now last for the entire lifetime of the pet, without a yearly limitation.
In addition, the statute is titled "Trusts for Pets" instead of "Honorary Trusts for Pets", as honorary means unenforceable and pet trusts are presently enforceable under subparagraph (a) of the statute.
State pet trust legislation continue to evolve.
Oklahoma Is The Newest State To Allow Statutory Pet Trust
Oklahoma has become the latest state to allow for a statutory pet trust.
Governor Brad Henry recently signed House Bill1641 into law.
The law creates a new section of law that validates trusts for the care of designated pets. Unless the trust stipulates, the trust is terminated when no living animal is covered. The bill outlines the rules governing such trusts, including compensation for the trustee, accounting requirements and provisions for terminating the trust.
The measure describes how trusts for pets works, and how the issue is resolved if there is no living pets. It provides for trustee compensation and the naming of such if no trustee is designated. Any trust that does not have a value of $20,000 or more is exempt from fees, except as directed by a court or the trust instrument.
The law becomes effective in approximately three months.
Good job by the Oklahoma legislature to get on board with a majority of the states that recognize pet trusts.
What Are The Duties Of The Trustee Of A Pet Trust?
What are the duties of the Trustee of a pet trust?
I am asked this common question daily.
Generally, the Trustee is considered to have four major areas of duties or responsibilities.
He or she must collect all of the assets that belong to the trust, manage and invest the trust assets, pay all of the applicable debts and taxes as required in the trust document and then distribute the remaining trust assets to the designated beneficiaries as set out in the Trust.
The collection of the assets should be a fairly simple task in that most pet trusts have specific source of easily identifiable funds to be placed into the Trust.
The investments must be in a prudent and reasonable manner, with no self-dealings or commingling (mixing) of personal and trust funds.
Accurate records of all income and expense of the Trust funds must be kept by the Trustee.
The Trustee is usually empowered to hire legal counsel or accounting help to assist in the legal and/or financial affairs of the Trust, to be sure that they are in full compliance with state and federal rules and regulations.
When the Trust ends, the remaining assets are then turned over to the named beneficiary and the duties of the Trustee are ended.
Pet Hospice Support Program Needs You!
I recently received a request from The Banfield Charitable Trust’s hospice support program, Pet Peace of Mind.
Part of the message follows:
..."One of the most difficult parts of dying involves saying goodbye to those you love most. Many hospice patients must part with their beloved pets at the time when they need them most because they have no one to help with pet care and expenses. Some pets are left homeless when the patient dies. Pet Peace of Mind provides non-profit hospices with resources and funding to help hospice patients care for their pets. Over the past eight months, more than 100 hospices nationwide have contacted us and are interested in starting the program for their patients.
We are competing for a $250,000 grant from Pepsi as part of the Pepsi Refresh Project. HELP HOSPICE PATIENTS KEEP THEIR PETS is our project name within the Pepsi competition. Winners are decided by an online voting process and your vote will help us secure a $250,000 grant. Thousands of hospice patients and pets will benefit from this important program for this grant would provide funding for more than one-third of interested hospices in 2010..."
If you want to vote for this program, go here and follow the steps.
This is a good thing.
Bob Barker to Present Keynote Address at Future Of Animal Law Conference
I have written on numerous occasions about the monetary generosity of
His is currently being honored for his work in the area of animal protection.
"Bob Barker, the long-time animal advocate and beloved host of
You can see the rest of the story on Mr. Barker here.
Another View on Pet Euthanasia
I recently wrote that euthanasia should be a part of your estate planning for your pets.
A reader responded with her ideas to this post:
"I would want my 14 cats euthanized if i died because
#1-they have never spent more than a few hours in a cage. I believe cages damage the spirit of animals and if they could speak English would rather be euthanized to start their spirit on a new journey!
#2- I realize that cruel people adopt animals from the shelters-never do i want my cats to suffer cruelty!!!
#3-some people loose animals. i never want my guys to EVER be lost!
I've had as many as 28 cats at one time and never had a lost one in 30 years.
Yes all of mine are neutered, get shots and vet care as needed!
I believe in humane euthanasia for feral and strays. How long could a human hang out in a cage without going bonkers? why do we think animals that sometimes have had a territory of miles and miles can do so and be healthy?
Euthanasia is a good thing and we need more vets to do it willing if that is what the owner wants!
why are humans so afraid of death? It is something everyone and everything is going to do-why not do it at a good time instead of after the suffering has set in!!!!!!!!!!!!!"
Your thoughts on this difficult issue are welcome.
Planning For The Future With Pet Trusts
I have to readily admit that I am inept with Facebook and Twitter.
I can barely text.
However, I was please to be mentioned in a recent post, concerning the use of pet trusts, with the esteemed Gerry W. Beyer, the Governor Preston E. Smith Regents Professor of Law Texas Tech University.
A Facebook site called Sidewalk Dog, recently posted about planning for the future with pet trusts.
Attorney Kortney Nordrum of Minneapolis-based Nordrum Law was quoted in the post:
“The purpose of a pet trust is to create a plan for your pets in the event you are unable to care for them. Each year, many pets are euthanized because their owners have become incapable of caring for them,” Nordrum says. “Pet trusts try to keep this from happening.”
You can read the entire post and learn more on pet trusts.
Release In Power Of Attorney For Pet Medical Information
Is there a general type of release for medical information in a power of attorney for a pet? I am working on my estate planning for my house full of cats. Thanks.
Mairin Gold Beach, Oregon
Marin, I have included typical release language below.
This is from the Papillon Club of America of Quincy, Florida.
AUTHORIZATION FOR RELEASE OF PATIENT INFORMATION
Papillon Club of America Rescue Trust
TO: Any and all treating veterinarians or facilities
This document authorizes any and all licensed animal health care practitioners, veterinarians and other persons who have participated in providing any care or service to my pets to discuss any communication, whether confidential or privileged, and to provide full and complete patient reports and records justifying the course of treatment including but not limited to: patient histories, vaccination histories, examination and test results, reports, or other information prepared by other persons that may in be your possession to the Papillon Club of America, Inc. (PCA) and/or its representative.
For more information about the club and its rescue efforts, visit their website here.
Use a Charitable Remainder Trust in Your Estate Planning For Your Pets
Can I use a charitable remainder trust in my estate planning for my four dogs?
Ron Troy, Ohio
Ron, with a charitable remainder trust, you set up a trust and transfer to it the property you want to donate to a charity.
The charity needs to have a tax-exempt status under the Internal Revenue Code and must be fully accepted and approved by the IRS.
The charity serves as trustee of the trust, and manages or invests the property so it will produce income for you
The charity then pays to your Trustee of your pet trust, a portion of the income generated for a certain number of years, or for the duration of your pet trust.
When the trust ends, the remainder of the property goes to the charity.
There can be some beneficial tax treatment and this is a very popular type of trust.
Consult your attorney and your accountant before you begin this process.
Set Up a Pet Trust For Your Horses
Can I set up a trust for my horses?
Valerie Mesa, Arizona
Valerie, you can indeed set up a trust for your horses.
In fact, Wendy Feldman recently wrote an article on Arizona Bridle and Bit website.
Ms. Feldman, CLU®, ChFC®, CASL® recently wrote:
… the state of Arizona has recently passed legislation making trusts for animals legal and enforceable. That means when you take the time to put a written plan in place to care for your horses they will be cared for according to your wishes.
…you need to sit down with a qualified professional to write down your specific goals and wishes with regard to your animals. While the Arizona statute is in place allowing you to write the plan, you must include many details that a professional estate planning attorney can provide for you.
...How detailed can you be in this plan? Very detailed. For example, the plan can determine who will be the caregiver, the options for keeping, selling or finding good homes for the animals and how much money is available for their care. Additionally, the care plan for each horse can be spelled out individually. Of course, most horse owners also have many other animals. The plan can be written to provide for them all…
Read more on this issue here.
Condo Rules For Pet Owners
Do you have good examples of Condo Pet Policies or Rules that you could send to me? We are in the process of revising our condo pet rules, as we have had a number of complaints and some of our rules seem to be somewhat vague. Thanks.
Cathy
Cathy, I do not have enough information to provide specifics for your particular condominium and you would obviously need your counsel to prepare any amendments.
Nevertheless, here are some generic condominium rules for pets.
The maintenance, keeping, boarding and/or raising of animals, livestock or poultry of any kind, regardless of number, shall be and is hereby prohibited within any condominium unit or Common Elements, except that this shall not prohibit the keeping of small dogs, cats, and/or caged birds as domestic pets, provided they are not maintained, kept or bred for commercial purposes and provided further that the keeping of small dogs, cats and/or caged birds will not constitute such type of noxious or offensive activity.
All pets shall be kept leashed and under the control of their owner whenever they are outside the unit, and shall not be allowed to run free or unleashed at any time, or to otherwise interfere with the rights, comfort or convenience of other residents.
Dogs may only be walked in the following areas: wherever this particular condo community decides; ex: the grassy area along the fence by City Blvd. and Town
Terrace.
Dogs may not be walked on grassy areas near your neighbors' units, and must be cleaned up after.
Pets must be vaccinated and kept in accordance with the County Health Department laws and regulations.
Owners are responsible for all damages caused by their pets to common areas and to the property of others.
Consult with you association counsel and you can accomplish your new goals.
How Do You Find That New Pet?
Okay, you have finally decided that you just must have a new doggie.
What is next?
Well, according to Nancy Kay, DVM:
"Here are some good options for finding your new dog (hopefully, we are in agreement that pet store and site unseen online purchases are not good options…If you are open to adopting an adult dog, let the staff of your local shelter or humane society know what you are looking for- a surprising number of purebred dogs wind up there…I also encourage you to contact breed-specific rescue organizations (Google the name of your breed along with the word “rescue”)… Life’s unforeseen circumstances (death, divorce, financial woes, etc.) cause many wonderful dogs to end up with rescue groups..."
For additional tips and information for selecting your new pet, visit her site here.
Good picking.
Is There A New Tax Break for Pet Owners?
Did the Happy Law Pass? Am I able to take the 3500 off my 2009 taxes?
Terri
Terri, as well as one can understand the machinations of congressional activity, it appears that the "Humanity and Pets Partnered Through The Years", also known as the Happy Pet Bill, has gone nowhere.
The proposed bill would amend the Internal Revenue Code to allow pet owners to take a deduction for pet care for up to $3,500.00 a year.
I will keep you advised of any progress on this legislation sponsored by Rep. Thaddeus McCotter (R., Mich.).
Use An Insurance Policy to Fund Your Pet Trust
Can I use an insurance policy to fund the trust for my cat, Candy?
Donna Cleveland, Ohio
Donna, insurance policy proceeds are one of the most common, popular and acceptable methods to fund a trust for Candy.
An insurance policy on your life can be issued and the proceeds will generally be paid to “_________________” as the Trustee of the Candy Cat Trust.
Candy should obviously not be the beneficiary of the insurance policy.
In most states, pets are still considered to be personal property and a piece of personal property certainly cannot be a beneficiary under an insurance policy.
If it is properly established, there should be no tax consequence as a result of the policy being paid to the Trust.
Good for you, for planning for the future of both you and Candy.
Military Moving to Protects Pets
There are been many news release in the past few months regarding U.S. military men and women and the abusive treatment of animals.
Article 134 of The Uniform Code of Military Justice (UCMJ) punishes abuse of a “public animal”.
However, there are no specific laws addressing the treatment of military pets. Pets or companion animals are generally considered “non-public animals.”
The Commission on Military Justice now says that criminal charges should be brought against service men and women that abuse, kill or abandon their pets.
In a report to congress last fall, they ask that specific language be placed in The Uniform Code of Military Justice that specifically states that animal cruelty towards non-public animals be determined a crime.
The Congress, of course, is free to accept any or all of the suggestion of the Commission and it remains to be determined if they indeed will act to close this loophole.
Animal lovers will be watching their actions closely
When Can I Tell My Pet Is In Pain?
I often times forget that my dog is a dog and not a real person. However, are there any ways that I can actually tell if Max is in real pain and not just something within my imagination? Thanks.
Connie Palm Beach, Miami
Connie, obviously pets like humans are going to differ from species to species.
However, according to Eric Barchas, a veterinarian who lives and works in San Francisco, here are some common symptoms:
Cats instinctively hide pain. Therefore, signs of pain in cats are usually subtle. A cat in pain may:
o Hide or act quiet and withdrawn.
o Lose its appetite.
o Breathe rapidly or pant.
o Act agitated or refuse to lie down, rest, or sleep.
o Become aggressive or suffer personality changes.
o Limp, favor a painful area, or resent it when a painful area is touched.
Vocalization (howling or crying) may be a sign of anxiety, agitation, fear, hunger, or severe pain. Most cats suffering from pain do not vocalize. Lack of vocalization should not be construed as absence of pain.
Dogs' responses to pain vary. Some dogs are very stoic, and will show few outward signs even when in extreme pain. Others are more dramatic, and will make their pain quite clear. A dog in pain may:
o Whine, whimper, or vocalize. This occurs less often in cats.
o Pant.
o Limp, favor a painful area, or resent it when a painful area is touched.
o Act agitated or refuse to lie down, rest, or sleep.
o Become aggressive or suffer personality changes.
o Lose its appetite.
o Stand with its back arched.
o Hide or act quiet and withdrawn.
You can receive additional information from Dr. Barchas here.
What is The Value For The Loss Of A Pet?
The Vermont Supreme Court is currently considering the facts of a case to determine whether the owners of a dog that was fatally shot by a neighbor should be able to collect damages for loss of companionship and emotional distress.
The dog of Denis and Sarah Scheele was shot when it wandered upon the property of another person.
The Scheele’s asked the Court to value the loss of their pet as to the emotional value of a family member and companion and not as a replacement piece of property.
I will follow this case and advise as a decision is reached in this very important changing area of the law.
Euthanasia May Be a Necessary Part of Your Pet Estate Planning
I receive many inquiries regarding the need to euthanize pets when the unfortunate time arrives.
Generally both the animal owner, as well as the pet, know when it is time to consider other alternatives to medical treatment.
Although each state differs on their mandated legislation for this process, the optimal procedures to be followed are outlined below.
Procedures for Euthanasia
A warm-blooded animal may be euthanized only by administering sodium pentobarbital, a sodium pentobarbital derivative, or a substance or procedure, which acts on the central nervous system and is clinically proven to be humane. When euthanasia is accomplished by adding a lethal solution to water or food, adequate installations shall be provided for feeding and watering which are sufficiently enclosed in order to provide for protection from contamination by feces, uric acid, feathers, and any other debris.
A lethal solution must be administered in the following order of preference:
1. By intravenous injection by hypodermic needle;
2. By intraperitoneal injection by hypodermic needle;
3. By intracardial injection by hypodermic needle; or
4. By solution or powder added to food.
The animal shall be tranquilized with an approved, humane substance before euthanasia is performed.
Euthanasia must be performed by a licensed veterinarian or a licensed or registered veterinary technician under the supervision of a licensed veterinarian.
At least two people must be present for administration of an injection, one to hold the animal and one to perform the procedure.
An animal may not be left unattended between the time euthanasia procedures are commenced and the time death occurs, nor may its body be disposed of until death is confirmed by a qualified person.
If you find yourself in this difficult position, demand that these procedures are followed.
Are Pets Protected in Domestic Violence Situations?
I have heard that some states include the protection of pets in their protective orders in domestic violence actions. Is this for real?
Janet South Bend, Indiana
Janet, only a handful of states have passed this type of legislation.
The idea is to prevent even the threat of a violent act upon a pet to be used as leverage during domestic situations.
The model legislation for this type of action is below:
The Domestic Abuse Animal Protection Act
§1 Purpose:
The purpose of the Domestic Abuse Animal Protection Act is to allow for the inclusion of animals in domestic violence protective orders.
§2 Protection Orders:
(a) In any domestic violence case, the court shall order that the petitioner be granted the exclusive care, custody, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner of the respondent.
(b) The court shall further order the respondent to stay away from the animal and forbid the respondent from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming, or otherwise disposing of the animal.
§3 Penalties
(a) Any violation of this statute is a Class A misdemeanor.
(b) Any violation subsequent to the first violation is a Class 4 felony.
Contact your state legislator to encourage them to introduce this much-needed law.
You Are Legally Liable For Your Pet's Actions
As the owner of a dog, you are responsible for the actions of your pet.
If they take a nip or a bite out of someone, that someone may be looking to take a bite out of your wallet.
Generally, the owner of a dog is legally responsible for any injury inflicted upon a person or to the property of another.
The owner may be responsible for reimbursing the injured person for property damage, lost income as a result of the injury, medical bills arising out of the injury and pain and suffering.
If the action of the dog is particularly egregious, the court or jury may also impose putative damages to punish the owner.
You are responsible for your pets as an owner, morally and legally.
Does My Insurance Cover My Pet?
I am often asked about homeowner’s insurance coverage for pets.
As with most instances of insurance, each case is very geographically and fact sensitive.
However, I recently received a tip from California attorney Steven Wegner concerning a previous post:
Mr. Wegner wrote:
One of the points made by Attorney Phillips was that Rottweiler, Akita, Chows and especially Pit bulls are the most likely to bite. This has not gone unnoticed by insurance companies many of which exclude coverage for injuries caused by these breeds.
Homeowners and renters should review their policies to see if their pets are covered and, if not, consider shopping for another carrier or obtaining stand alone coverage for dog bites…
You may visit his website here.
Make sure you have a full disclosure conversation with your own insurance agent for your full protection.
How Much Does It Cost For A Pet Trust?
What is the normal cost for the preparation of a pet trust?
Marin San Francisco, California.
Marin, like any legal service, this is not a question that can be easily answered.
There are many variables involved including some of the following:
A. your geographical location
B. the number of animals that will be placed into the trust agreement
C. the total amount of funding for the trust
D. the duties, responsibilities and the number of trustees, caregivers and trust protectors
E. whether the trust is a stand-alone document or part of an overall estate planning package.
Meet with your attorney and discuss the outline of your needs for your estate planning for your pets. Ask questions and be sure that you have a clear understanding of the total legal costs and the services that you will receive.
I am please that you are completing the estate planning for your pets.
Can You Track A Lost Pet?
Can I use another dog to help track my lost boxer, Billy? He has been missing for almost two weeks.
Dan Los Angeles, California
Dan, it depends.
I went to the website, Missing Pet Partnership, for some help to answer this question.
According to their site:
"It depends. If the lost pet is a cat, turtle, snake, or small animal that does not tend to travel too far and you have a specific area where the search dog can be used to conduct an "area search" then, yes, a search dog could potentially be helpful. That's because instead of attempting to track a scent trail that was deposited by the lost pet, the search dog would be searching for a "scent cone" or the cloud of scent that would be coming off of the animal where it is hidden... If on the other hand the lost pet is a dog that has been missing for a month, the chances are that the scent trail (that your dog deposited when it left the escape point) is probably no longer there for a search dog to pick up. In fact, the oldest known scent trail that a search-and-rescue dog has tracked was 13 days old..."
Visit their website here for some great information on finding lost pets.
Time For Estate Planning For Your Aging cat
My Bengal cat Billy, is 15 years old and undergoing some serious changes in his behavior. Are there some common signs that I can look for to see if his actions are natural or need medical attention?
Shannon New Orleans, Louisiana
Shannon, most Bengal cats live from 10 to 15 years.
According to PetPeoplesPlace.com, common signs of cat aging include:
"cloudy eyes, hearing loss; thinning fur; feels the cold; loose skin; prominent spine, shoulders and hips; loss of muscle tone; stiff joints or lameness and gray hairs around the muzzle and in coat. Behavioral signs include: less tolerance of environmental changes; sleeping more deeply and more often and generally being less active. Some older cats become more irritable or cantankerous due to deafness and/or joint pain, while others mellow with age. Most become more laid back and sociable with those they regard as friends. These are all age-related changes, but sudden mood changes may indicate illness or injury. A cat which starts hiding, becomes unsociable or which seeks constant reassurance may be unwell, so ask your vet to check that all is well..."
Billy is probably at the downside of his life, make sure that any arrangements that you need for and with him, are complete in his and your estate planning.
MERRY CHRISTMAS
Merry Christmas
Enjoy the holiday with your family
...furry and otherwise.
More Travel Tips For Your Pets
We have you some good advice in the last post on traveling with your pets this holiday season and today we will finish up that topic.
I have some tips from Karalyn Eckerle, a fellow animal lover and a paralegal with some experience in this area. Her business email is k.eckerle@cardinalpointva.com, and she writes;
..."Make copies of your pets paperwork -- showing that it is current on all VAX and where the pet is traveling from and to; who to contact in case of an emergency. Include several different contact people so if they will be able to reach SOMEONE if need be. Keep a copy for yourself, forward a copy to the receiving person (in advance) and put a copy in an envelope well-taped to the top of the crate.
When planning flights remember that if there are connections, you will need to allow enough time for the animal to be walked (if necessary) and that may mean arranging for the airline to board the animal overnight. Please remember if that situation arises you will nee to be prepared to pay for someone to transport the animal to and from the boarding facility in addition to boarding fees --- independent of the cost of the airline transport.
Crating is always an issue with dog owners. The airlines push the largest crate they can --- for a reason -- you pay by the size of the crate. They will state that the dog needs to be able to stand in the crate with so much head room clearance. While I don't want a 75 lb. dog crammed into a crate built for a miniature poodle, we don't want a pet bouncing around in a crate --- injuries can result. Remember, pets in crates do not wear seat belts. My suggestion is to call breeders of dogs the size (or breed) of your pet and see what size crate they use. Often you will arrive at the airport and they will tell you the crate is too small. Asked to speak to the supervisor and explain you've done your research and this is the size crate your pet is used to being in --- also point out the safety issues of a crate which is too large. For instance, I recently arranged for transport of a Giant Schnauzer weighing about 70 lb. The airline tried to tell me we needed to use the largest crate (built for Great Danes, Mastiffs, etc.). My poor dog would have been lost in that crate. In my RV I have one of those and, when they wish, BOTH of my Giants can climb in there together. I asked to talk with the supervisor and she finally approved it. She was not happy, but we were down to the time wire and she knew I was right (I know the airlines pushes them to push larger crates to increase revenue).
Always arrive at the airport earlier than they tell you --- if there is a line the people ahead of you may have problems and you may end up down to the wire. I feed early enough that the animal has the opportunity for several walks before departing. Kongs or some other toy that can be stuffed with a favorite treat are great to put in the crate, but make sure the treats are difficult to remove so that it requires some effort on the part of your pet.
In addition to chipping, make sure that your pet wears a collar containing contact phone numbers on both ends. I never recommend putting the pet name on the collar as it only helps someone wishing to steal your pet -- especially if it is not neutered or spayed. Frankly, unless you are truly a breeder I see little reason not to spay or neuter a pet. But if you are shipping an intact pet there are other considerations...."
Travel safely...
Travel Tips For You And Your Pets
If you are planning to travel with your pets this holiday season, flying can be a big issue.
I have some tips from Karalyn Eckerle, a fellow animal lover and a paralegal with some experience in this area. Her business email is k.eckerle@cardinalpointva.com, and she writes;
"…especially today, many airlines no longer accept animals for transport and if they do, it is generally a very limited number of crated animals per flight. So you must plan ahead. Different countries
have different quarantine regulars and different restrictions. For transport INTO the U.S., check with the Dept. of Agriculture.
Just as an aside, all dogs in transit should be chipped. "Home Again" is the universally accepted chip overseas. Next, Continental was the first airline to set up a special Pet Desk which overseas all pet transport and has a phone managed 24/7 for tracking your pet's travel.
Most pets will require a rabies titre (this is the main blood test to check for immunity to rabies) within a 7-10 days prior to departure/arrival. This measures the current effectiveness of the rabies VAX. Generally runs about $50-75.
All pets must be crate trained --- or comfortable in a crate. Something I learned years ago from a breeder -- fill the crate with numerous rolls of UNROLLED paper towels (not newspaper). I emphasize UNROLLED as someone misunderstood my instructions once and while the result provided a great
deal of entertainment for the dog involved, I don't think the owner or the airlines appreciated the end product.
Why paper towels instead of newspaper (to absorb any problems during flight)? Because paper towels are super absorbent and the newsprint doesn't stain the pet's fur.
If the pet tends to be extremely anxious during transport, talk to your vet in advance about medication. ACE used to be common although some Vets no longer approve of its use in air transport situations. Rely on your vet for advice..."
Look for more tips this week and check her website here.
Water Drinking Tips For Your Pets
I have recently received a number of inquires on pets and their water habits.
I have to admit that I have not given the area much thought.
Our Cavalier, Anna, has no trouble keeping up her thirst in the Tropics of South Florida.
So, I did a little research and here is some information that I have found courtesy of the American Animal Hospital Association and Pets 911.com, here:
Though water seems like a simple enough subject, a few common problems can leave pets high and dry:
• The water bowl or water bottle needs cleaning every day. Bacteria that you can't see can grow in a bottle or bowl, giving the water a funny taste and discouraging your pet from drinking. Even worse, some kinds of bacteria can make animals sick. Develop the habit of giving the bowl a quick scrub with dish soap before you fill it in the morning. Pocket pets' hanging water bottles can be particularly hard to get clean; you may want to buy a long, narrow scrub brush that can fit through the bottle's neck and clean the inside.
• Dogs and cats that are left alone for long periods can easily knock over their water bowls. Try buying a bowl with a wide, weighted bottom. You may also want to leave more than one bowl around the house: one in the bathroom, for example, and another in the kitchen.
• Water evaporates faster than you may realize, particularly on warm days. Check water bowls a few times a day, especially in the summer. If your pet's outside on a very hot day, check the water every hour.
• You may think you're helping your pet out by setting out a big bucket filled with water, but once the bucket's half empty, he may not be able to get to the water anymore. Cats and small dogs could even fall in while drinking. Before you use a water bucket, make sure your pet's neck is long enough to allow him to drink from the bottom of it.
• Dogs that are chained up can easily wind the chain around a tree, a post, or even their own legs. With a tangled chain, they can't get to their water bowl. If you have to leave your pet chained outdoors, check him often.
• Lots of dogs and cats see the toilet as a big water fountain. Keep the toilet lid closed, because the bacteria in toilet water can make animals sick and, as with large buckets, cats and small animals can fall in while drinking. Even the best of us can forget to close the lid every once in a while, though, so don't use drop-in cleaners that release chemicals into the toilet bowl. These chemicals may be toxic.
• Some exotic animals, particularly amphibians like frogs and salamanders, can't or won't drink water from a bowl. These guys need a drip watering system, which drips or sprays temperature-controlled moisture into a cage for a few hours at a time. To select the right watering system for your exotic pet, consult your veterinarian.
• Reptiles often need a long, shallow dish of water in their cages. They use this water both to drink and to soak in, so it needs to be checked several times a day for dirt or fecal matter.
• Just like you, pets need more water when they're exercising. If you take your dog out for a long walk or run, bring along some water for him. Most pet stores sell light, collapsible travel water bowls that are easy to carry.
As long as you keep an eye on your pet and make sure his water is fresh and plentiful, you shouldn't have a problem. If you have any concerns about providing water for your pet, consult your veterinarian.
Some excellent tips for you and your pets.
Now Is The Time To Plan For Your Pet's Future
Many studies support the proposition that your pets are good for you, not only emotionally, but also physically, as well.
Dr. Deborah Wells, a psychologist from Queen's University, Belfast, said dog owners tended to have lower blood pressure and cholesterol and in general, tend to be healthier than most other individuals.
According to the website www.pethacker.com, the research of Dr. Wells suggested that dog ownership produced more positive influence than cat ownership and that dogs could aid recovery from serious illnesses such as heart attacks, and act as 'early warning' to detect an approaching epileptic seizure.
Go here, to read the rest of the article.
Your pets can aid you in your lifestyle, you need to properly plan for their future, with or without you.
Another View On Pet Care Insurance
Although I have written about insurance for pets on many occasions, I have never purchased any policies and have no real conviction one way or the other as to it's usefulness.
I did receive an interesting comment from a reader that I thought that I should pass along to all of your.
"I have always had pet insurance.Since 1985 I was with a So.Cal popular company and most recently with a new company out of Canada. In the long run I have lost more money that support from the insurance companies. Any and all claims are initially denied than require an appeal and than you receive a minimum return due to insurance language. Also one needs to pay the cost up front and hope you will receive reimbursement. It is better to put away as much as you can for your animal and gain interest however small. I also recommend a looking into programs that are actually credit cards and have a program that is interest free if you meet the terms. My monthly premium for the company I just resigned from was $235.00 per month. The amount I paid over the last few months would have covered the bills. So my question, Is it really financially prudent to purchase this product. I also recommend making sure that the insurance company you pick is endorsed by the Dept of Insurance. Thanks..."
Good comments and some ideas for you to consider regarding per insurance.
Why Do Dogs Bite?
Why are some dogs more aggressive than others?
Irwin San Diego, California
Irwin, I certainly do not know the answer to this question,
But according to Attorney Kenneth Phillips' website, dogbitelaw.com, here are the 6 danger-signs that warn of a dog attack:
1. A dog in its own yard, and no master present. In 2008, 78% of the human fatalities were by dogs in their own yard.
2. Pit bull, Rottweiler, Akita or Chow. Most fatal dog attacks are by pit bulls. In 2008, 65% of the fatalities were by pit bulls.
3. The pack mentality. Three dogs are worse than 2, 4 are worse than 3, etc. Docile dogs often become uncharacteristically violent and vicious when they are in a pack. In 2008, 39% of the fatalities involved multiple dogs.
4. Chained or tethered. Dogs that are tied up are dangerous. In 2008, 9% of the fatalities involved chained dogs.
5. Male. Male dogs are several times more dangerous than female dogs. Unneutered male dogs are the worst.
6. Newness. A new dog in the house is dangerous for the first 60 days, and a person who is new to a household where a dog resides is in danger of attack for the first 60 days. In 2007 and 2008, 20% of fatal dog attacks involved a new person or dog sharing a household for a period of two months or less.
It is estimated that approximately 2 to 3 % of the United States population is bitten by a dog on a yearly basis.
So be careful.
Remember Estate Planning To Include Your Horses
I recently found this interesting post here.
Check out the site for your self…
"I put this in horse care because it's about caring for your horses.
After you die.
My friend just died.
Intestate (no will or trust)
She left no instructions for anyone.
She has a barn full of horses - some of whom are old.
I don't know what happens to us after we die, but I do know what happens to our family and friends. I saw it in my work - every day. And I see it now even though I'm retired.
They have to make decisions when they're grieving and in shock. They may be angry, confused, bereft. Often, they argue over what they think you'd want for your animals. Sometimes your animals are not considered at all - and merely hauled off.
Please don't do that do your loved ones, and don't let your horses or pets become embroiled in a tug of war. Or worse - be taken to auction or the shelter.
Please consult a licensed attorney and have your will or trust prepared.
Educate yourself on the basics of estate planning, how life insurance or other contracts pass to beneficiaries - and have your estate in order.
Review it annually or when a major event occurs (birth, death, divorce, change in other circumstances)
Please don't leave this earth without providing for your loved ones - including your animals.
You are all loved, and will be missed by someone.
And that someone is standing out in the pasture, or napping on your bed...."
Good thoughts for all animal lovers.
What Are the Costs Of Burying a Pet?
Can you provide some idea as to burial costs for my dog, Jimmy? I am afraid that his time is fast approaching.
Billy Des Moines, Iowa
Billy, I am sorry to hear about your friend, Jimmy.
The website Pet Guardian, provides some parameters of these costs as follows:
Cremation
Typical Costs:
Small Birds $ 55
Pets under 20 lbs $ 100
Pets 20-40 lbs $ 125
Pets 40-70lbs $ 135
Pets 70-90lbs $ 185
Pets over 100lbs $ 200
Lawn Space for burials typical costs:
Small - 20lbs $ 500
Medium- 40lbs $ 550
Large- 70 lbs $ 630
X-Large- 100lbs+ $ 730
Casket:
Small $ 90 Medium $ 120 Large $145
I truly hope that you do not need this information for a long time to come.
Reconsider an Euthansia Clause In Your Estate Planning for Your Pets
Many times, pet owners believe that no one can care for their companions with as much care and love as the owner.
Unfortunately, many owners take this idea to the extreme and inset a clause in their will that dictates euthanasia for their pets.
Why would someone spend an entire lifetime caring for a pet and then insist that the same animal be euthanized upon the death of the owner?
An excellent reference source that we often use is the website of the Michigan State College of Law, Animal Legal and Historical center.
They provide the following insight into this question:
"Just as there are instances of wills that stipulate that animals are to be cared for in the event that their owner dies, there are also instances of wills that stipulate that the animal is to be euthanized in the event that their owner dies. Although it seems ironic, the evidence indicates that these people are motivated by good intentions. In each and every case, the testimony revealed that the testator truly loved their pets. However, they believed that no one would take care of their pets and this was the only way to save them from inhumane treatment. In hindsight, their beliefs turned out to be false because once the public was made aware that the animals were to be destroyed, numerous people stepped forward to take them. In fact, usually there were so many people who wanted the animals, an agency had to be appointed to determine who would be the best caretaker among the candidates..."
You can read more here, at their website.
Please reconsider the use of a euthanasia clause in your estate planning.
What is the World Animal Net?
I recently had a question from a client regarding an organization called the World Animal Net.
I have had no experience with them, so I did a little search on the internet.
This is from their web site.
"World Animal Net (WAN) was established in 1997 by veterans of the international animal protection movement to improve communication and co-ordination between the world's animal protection groups on target campaigns, using rapidly developing communication technology.
WAN has offices in the United Kingdom, The Netherlands and the United States, where it is registered as a 501(c) 3 nonprofit. In the USA one hundred percent of your gift is tax deductible to the fullest extent allowed by law.
World Animal Net has no individual membership, but animal protection groups are invited to affiliate themselves and benefit from the global exchange of information.
Our aim is to focus the animal protection movement and strengthen the impact of key animal campaigns and lobbying. World Animal Net will act as clearinghouse for important animal protection issues with global perspective...."
If you have further interest in this area, check out their site here.
Check Your Pet's Prescription
According to Veterinarian Nancy Kay, the prescription medication for your pet should contain some very specific information such as:
The date the medication was prescribed
Your pet’s name
Your name
The prescribing veterinarian’s name
Address and telephone number of the facility filling the prescription
Amount of medication dispensed (milliliters, ounces, number of tablets or capsules)
Strength of the medication (milligrams, micrograms)
Dosage and duration of treatment
Route of administration (orally, applied to the skin, in the ear)
Number of refills
Cautionary instructions (shake well, keep refrigerated)
Expiration date
To protect the health of your pet, check out her website here, for additional information on this issue.
Backyard Burial For Your Pet
Is it legal to bury a cat on my own property in Plainfield, New Jersey?
Chris.
Chris, this question is very state specific.
Each state has laws that govern the disposition of domestic animals; but the general rule is that absent statutory permission, you cannot simply bury your pet in your background.
You need to consult your local attorney before you make a final decision.
Additional Thoughts On the Proposed Tax Deduction for Pets
Another comment on the ongoing controversy regarding a proposed tax deduction for pet costs.
Attorney Steven Wegner of California recently wrote to us as follows:
..."It is undeniable that most people consider pets as part of their family.
It is also true that caring for a pet is a significant expense that should be recognized and receive some relief under the tax code. Given the huge deficits the government is running any measure like Congressman McCotter's bill that reduces government revenues will be very strongly opposed.
Its best hope for passage is in gaining the support of organizations like the Humane Society of the United States. I am one of its 11 million other members and will email HSUS today to find out what they are doing to support the bill's passage and whether they have alerted their members to contact their elected representatives."
Common Foods Can Be Toxic to Your Pets
With the holiday season coming quickly, it is again time to remind all pet owners that many common foods can be extremely harmful and even deadly to your animals.
Did you know that ham, walnuts, coffee, soda and salt could poison your pets?
That tuna can kill your cat?
That the hops in beer may be toxic to some dogs?
Now is a good time for a review.
Visit here, at veterinarytechniciansschoolonsline.com, for a list of twenty–five common foods that can be toxic for your pets.
In addition, be very careful…
Still Need a Caregiver For Your Pet Trust?
Who will be the caregiver?
This is the most difficult question that needs to be answered when doing estate planning for animals.
Most of us do not want to impose those daunting responsibilities on unwilling friends or families.
If you cannot find someone to appoint as the caregiver for your pet trust, you might consider a Homeless Animal Rescue Team or H.A.R.T.
There are many H.A.R.T locations throughout the United States.
These are 501(c) (3) non-profit organizations formed to provide care and shelter for neglected, abused and abandoned animals.
They are generally local and actively engaged in monitoring the animals in the area and assisting in the placement in temporary and then permanent homes.
Although there is no national headquarters that I know of, you should be able to find a local H.A.R.T. in your area.
Comments on Proposed Tax Deduction for Pet Care Expenses
In response to the posting here, about a proposed federal bill for a tax deduction for pet care expenses, I recently received this response from a reader.
"I know that I can be charged with animal abuse for not feeding and taking care of my dog when something is wrong with her.
It cost lots of money to care for our pets.
Food; vet bills; medicine and other items for our pets are expensive also.
Why cannot there be a reasonable credit for pet care; like a standard deduction of $1500.00 to help offset some of the cost pet care?
We have to pay taxes on all the things our pets needs.
What happens to the tax that is charged on pet needs and supplies?"
Any thoughts from you?
What is Veterinarian Malpractice?
When is a veterinarian liable for malpractice on an animal that they treat?
Greg Lynnville, South Carolina
Greg, for an animal owner to recover damages for injury to an animal, in an action based on malpractice, all the following elements must be proven;
(1) The vet was under a duty of care toward the animal in question and had accepted the responsibility to treat the animal.
(2) The actions or nonactions of the veterinarian did not conform to the professional standard of conduct.
(3) The failure to conform to the professional standard was the proximate cause of the injury or harm at issue.
(4) The injury or harm resulted in damages to the plaintiff and not just the animal.
According to David S. Favre of Michigan State University:
"Veterinarians are under no legal duty to treat an ill or injured animal. The decision whether or not to provide a service is an individual decision. A decision to not provide treatment is not malpractice. One case suggests, however, that professional ethics may require some level of attention in emergency situations, but this does not give rise to a legal cause of action. Once the decision to treat an animal is made, the veterinarian has a duty to continue to treat or at least inform the owner of his or her decision to stop treatment of the animal in question."
University of Virginia to Offer Animal Law Class
The University of Virginia recently announced that it would offer a new course on animal law.
According to Margaret "Mimi" Riley, who teaches the three-credit seminar, Animal Law examines the "legal issues pertaining to animals, the laws that govern their treatment, as well as a number of topics that fall within the general headings 'animal law' and 'animal rights.'"
Topics that will be addressed include:
Are animals personal property or do they have rights?
How should we balance human needs with animal needs?
How do you provide for an animal in your will?
The class is made possible, in part, by a generous grant of $1,000,000.00 made to the school by animal advocate Bob Barker, of the long running, “The Price Is Right” game show.
How Much Money Is Too Much For A Pet Trust?
The question of how much money should be placed into the pet trust is a constant issue.
Unfortunately, there have been very few court decisions to give us the appropriate guidelines for this matter.
One older case, dating to 1974 entitled, In re Lyon Estate, 67 Pa. D. 7 C.2d 474 (1974), does provide some insight, as reported by Suzette Daniels of Michigan State University-Detroit College of Law here.
"Oftentimes, courts have the power to reduce the gift if it is deemed to be an unreasonable amount. Such was the case of the will written by Florence Lyon. Her will directed that the principal or income of her estate was to be used for the care of her six dogs and four horses, and the residuary was to go to Princeton University. At the time of her death, the income was deemed to be approximately $40,000 to $50,000 a year. Clearly this is an excessive amount of money to care for these animals, but there was language to suggest that Ms. Lyon might not have had any idea how large her estate was or how much it would cost to care for these animals The court determined that the life expectancy for them was anywhere from one to twenty years. It further ascertained that, “It will take five acres of land, a $22,000 shelter and $5,000 a year to care for the presently living animals.” With this information in mind, the court held that the amount indicated by the testator was excessive. It modified the provision by directing the executors to either reserve $150,000 to be held for the care of these animals or give the entire residuary to Princeton University immediately but with an agreement that Princeton provide the care for these animals.
While an excessive amount of money could lead to court interference, an amount too small to properly care for the animal could lead to financial hardship on the part of the caretaker.
Testators should not only determine an amount of money that is reasonable to cover day to day maintenance but also factor in expenses for emergency medical care and hospitalization".
My Neighbor is Putting His Dogs In Harms Way
My neighbor puts his two collies in the back of his pickup and drives them everywhere. This seems very dangerous. Is he doing anything illegal? I don’t want to cause him any trouble, but I am concerned about the safety of the dogs.
David Miami, Florida
David, I understand your concern, but I am not sure if he is doing anything wrong.
You might look at this statute
Florida Statute 828.12 et seq.
(1) A person who unnecessarily overloads, overdrives, torments, deprives of necessary sustenance or shelter, or unnecessarily mutilates, or kills any animal, or causes the same to be done, or carries in or upon any vehicle, or otherwise, any animal in a cruel or inhumane manner, is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or by a fine of not more than $5,000, or both.
It is unclear to me as to whether or not this is “cruel or inhumane”, since unfortunately many people also foolishly ride in the back of open pickups.
It would be up to your local prosecutor to pursue this issue.
Is the Homeowners Association Liable For Dog Bites?
Does our homeowners’ association have any liability if one of the owner’s dog bites a small child outside of the pool area?
Irwin Miami, Florida
Irwin, the Board of Directors of your association has a fiduciary duty to manage and operate the common areas of the neighborhood, including the pool and surrounding area.
A part of that duty is to make sure that all common areas are safe and also to warn of any known dangerous conditions.
If they permit, dangerous dogs to roam in the common areas that are owned and controlled by the association, there indeed may be liability for damages when an injury is sustained.
In your example, the injury is the dog bite.
Do Not Trick Your Pets Tomorrow
Okay, it is that time of year again.
When you can dress up and pretend, to be whoever or whatever that you desire and no one can ridicule you.
Tomorrow is Halloween!!!
You can hoot and howl and carry on.
However, do not forget that your pets do not celebrate this spooky evening.
All of this commotion may be very stressful to your pets.
Yeepet.com offers the following tips for a safer and calmer Halloween for you and your pets.
• Keep your pets in a crate or cage during the festivities. This will prevent your dog from biting strangers, and your pet will probably feel safe in the crate where it has food, water and bedding.
• Put its license and updated ID tags on your dog or cat in case someone would accidentally let your indoor pet outside.
• Inform your guests that feeding your pet is strictly forbidden. You can even put signs up near the food. Chocolate as well as xylitol (an artificial sweetener) is poisonous to dogs.
• Keep your cats, especially black ones, indoors during October. You might have to put a litter box, food and water in your bedroom or guest room, but at least your cat will be safe and sound and less likely to be tortured or sacrificed.
Enjoy a safe evening.
Estate Planning For Your Pets-Halloween Style
Today we revisit an alternative form of estate planning for your pets.
We wrote here about Eternal Earthbound Pets. Their philosophy is:
"We are a group of dedicated animal lovers, and atheists. Each Eternal Earth-Bound Pet representative is a confirmed atheist, and as such will still be here on Earth after you've received your reward. Our network of animal activists are committed to step in when you step up to Jesus. We are currently active in 20 states and growing. Our representatives have been screened to ensure that they are atheists, animal lovers, are moral / ethical with no criminal background, have the ability and desire to rescue your pet and the means to retrieve them and ensure their care for your pet's natural life."
Well, I recently received an email comment from a reader regarding this service who wrote,“Christian pet owners will need a representative to enforce their contracts with the atheists.”
Apparently, you can now enter into a contract with a group called PRAY from Oklahoma City that will help you in this area. Their website reads:
For your Christian donation (in an amount that you believe is worthy of protecting your beloved pets) we will guarantee that should the Rapture occur within the time period covered in your contract with any business which offers to rescue your pets post rapture, PRAY will immediately secure legal enforcement of said contract or seek damages to be placed in trust to ensure the care of your pet for its lifetime.
I thought that the Eternal Earthbound Pet idea was strange.
Apparently, it is a for profit business. Who knew?
Maybe it is just a Halloween thing…
New Book For Planning For Your Pets
Ashley R. Dobbs is an Alexandria, Virginia attorney who focuses on animal-related issues, including pet trusts and pet care planning documents.
Ms. Dobbs is an animal rescue volunteer and a former owner of a pet services business and works with the KeepThePromiseToPets non-profit organization.
The Mission statement of KeepThePromiseToPets is:
"Our Mission is to provide everyone a plan so they can KEEP THE PROMISE to love and care for their pets for life. Our goal will be met when healthy pets are no longer “euthanized” due to a lack of planning or expressed wishes."
Ms. Dobbs is finishing a new book titled, “KEEP THE PROMISE : A Complete Guide to Planning for Your Pet’s Care When You Can’t Be There.”
If you are interested, you can preview and order her book at the website.
Another Reason For Pet Estate Planning
A reader Pat, recetly wrote to us:
"Pets have been proven to have positive mental and physical health benefits for the elderly. But often senior citizens forgo this benefit for fear their pets will be killed upon the owner's death. Pet trusts give peace of mind to the elderly and also help reduce the number of homeless animals. Getting old is hard enough. Why deny this comfort to the elderly? Maybe those who disagree are greedy relatives who hope to get something for nothing."
Just another good reason for you and your family to prepare for pet estate planning.
Is a Pet Trust Better Than a Will?
What do you suggest the use of a pet trust rather than just including the pet in your will?
Cheryl Boca Grande, Florida
Cheryl, a statutory pet trust is more easily enforceable than a general will clause.
An example of such a will clause is as follows:
...I give my cat, and any other animals that I may own at the time of my death, to Bill presently residing at 123 Main Street, Nowheresville, PP, with the request that he treat them as companion animals. If he is unable or unwilling to accept my animals, I give such animals to Bob, presently residing at 124 Main Street, Nowheresville, PP with the request that he treat them as companion animals. If he is unable or unwilling to accept my animals, my Executor shall select an appropriate person to accept the animals and treat them as companion animals, and I give my animals to such person.
I direct my Executor to give $1000.00 from my estate to the person who accepts my animals, and I request (but do not direct) that these funds be used for the care of my animals...
You will note that the money goes directly to the caregiver and the clause only requests that the funds by used for the care of the animals.
Not very strong.
What is a Pet Trust?
Can you explain to me in general terms, what exactly is a Trust agreement?
Billy Charleston, South Carolina
Billy, a Trust is a written formal agreement where a trustor (the one writing the trust) places the ownership rights to a specific piece of property or asset under the control of another person, called a Trustee.
The Trustee is to conserve and protect the property on the behalf of someone else, called the beneficiary, who has been designated by the Trustor.
A typical trust will contain provisions for:
(1) The purpose for which the trust was established;
(2) details of the assets placed in the trust;
(3) the powers and limitations of the trustees, including all duties and responsibilities;
(4) form of trustees' compensation; and
(5) conditions and terms that will terminate the trust.
When you are doing estate planning for animal owners, the pet owner is the trustor and the pet is the specific asset to be protected by the trustee. You also obviously need to appoint a caregiver to physically take care of the pet. Any remaining monies in the trust after the death of the pet, goes to the beneficiary.
Be a Medical Advocate For Your Pet
I recently discovered a new blog by Dr. Nancy Kay, called Speakingforspot.com.
Her book, Speaking for Spot, was a labor of love for Dr. Kay, fueled by her passion to teach people how to be effective medical advocates for their four-legged best friends
In her website notes, Dr. Kay states that she is a board certified specialist in the American College of Veterinary Internal Medicine and has been published in several professional journals and textbooks. She lectures professionally to regional and national audiences, and one of her favorite lecture topics is communication between veterinarians and their clients.
The book is designed to, “help dog lovers become more involved, savvy consumers of veterinary medicine.”
Dr. Kay said that writing it was truly a labor of love, fueled by her passion to help dog lovers become more involved, savvy consumers of veterinary medicine.
In my home, medical treatment for our dog is always an issue; we want to use the minimal amount of drugs that are necessary to keep her in good health.
The less treatment, the better.
I suggest you visit her site and see if her book is for our and your pets.
You might find some useful information.
What is the Purpose Clause in a Pet Trust?
After the recent post on a Trust Declaration, I received a call from another attorney who was doing estate planning for an animal owner/client. He asked if a Trust Declaration was the same as a Trust Purpose Clause.
There is a diffenece...
While it is generally not necessary that a specific statement of purpose be included in the trust for your pet, many individual pet owners chose to do so.
One example of a purpose statement is as follows:
…While my pets are alive, the primary purpose of the Pet Trust is to provide for the health, care, and welfare of my pets. Notwithstanding, if at any time, any of my pets suffer from a medical or physical condition or illness and the pet trustee and the pet caregiver determine, based on a written opinion of a veterinary professional who has examined said pet, that it would be more humane to euthanize said pet, then the Pet Panel, Pet Trustee and Pet Guardian are authorized to do so at the expense of the Pet Trust.
The trust purpose statement establishes the overall boundaries of the desires of the pet owner with general instructions to the pet trustee and caregiver.
What Is A Declaration In a Pet Trust?
What is a declaration in a pet trust?
Tommy Indianapolis, Indiana
Tommy, you are probably referring to the beginning statement that many pet owners place into the trust.
This statement is a personal declaration of the pet owner, as to the commitment and attitude toward their pets.
A partial example of one owner’s declaration is:
My pets and animals are important members of my family. During any period of time that I am incapacitated, the Pet Trustee, upon the guidance of the Pet Panel, shall provide as much of the principal and net income of my trust as is necessary for the care, health, maintenance, and support of my pets and animals. I direct the Pet Trustee to keep my pets and animals at my place of residence while I am incapacitated, if practical. However, if it is not practical for the Pet Trustee to keep my pets and animals at my place of residence while I am incapacitated, then the Pet Trustee shall take guidance from and comply with the Pet Profile and Pet Panel in placing the pets with the appropriate Pet Guardian.
A declaration is merely a personal guideline provided by the pet owner. It establishes the tone of the trust and the general desires of the owner.
Who do You Appoint as the Caregiver in Your Pet Trust?
The choice of a Caregiver for your pet is always a tough decision in the estate planning process for animals.
The Caregiver is essentially the person that you choose to be the Guardian of your pet when you cannot.
He or she will be responsible for the daily care and decisions made on behalf of your pet.
The issues of diet, exercise, medical treatment and ultimately even death and this individual must make follow-up decisions.
They should be expected to follow your wishes and directives regarding the care of your pet and must be willing to assume the responsibilities associated with caring for your pet.
Many times another family member will be appointed as the Caregiver. Nevertheless, you need to discuss the situation completely with them in advance, to make sure that they are will to accept this responsibility.
Tough choice.
Will Pet Owners Become Pet Guardians?
A national movement is growing that make affect the relationship between you and your pets.
Some people want to distinguish between a pet “owner” and a pet” guardian.”
A guardian is one who is legally responsible for the care and management of the person or property of an incompetent or a minor.
An owner is someone who controls or possesses something, as property.
The supporters of changes in guardianship laws claim that “owners” consider pets as easily dispensable, but that “guardians” will treat animals with more care and concerns.
Proponents want to eliminate ownership of pets and have them recognized as in their “own right.”
The American Veterinary Association definitely takes an opposing position to this change with this statement:
"The American Veterinary Medical Association promotes the optimal health and welfare of animals. Further, the AVMA recognizes the role of responsible owners in providing for their animals' care. Any change in terminology describing the relationship between animals and owners, including "guardian," does not strengthen this relationship and may, in fact, harm it. Such changes in terminology may adversely affect the ability of society to obtain and deliver animal services and, ultimately, result in animal suffering."
While others argue that if pets’ owners become guardians, it will be easier for others to monitor and control them because a guardianship may be temporary and/or revoked.
This argument is more than a matter of linguistics; it could determine your relationship with your pet.
Keep yourself appraised as this issue evolves.
Use Trusted Professionals for Your Pet Trust
I want to provide the necessary estate planning after I am gone, for my Cat, Casey. I recently saw that Legalzoom.com offers online pet trusts. Would one of these trusts be adequate to protect Casey?
Cyndi Bonita Springs, Florida
I certainly cannot speak to the quality of any Legalzoom.com document or its preparation or accuracy.
I have never used the service.
I did visit the site however and read an article by a Tiffany Knight.
Part of the article reads, “But one word of caution: laws concerning pet trusts differ from state to state. Specific legal language is required to establish an enforceable trust for a pet's care. The following 19 states have adopted specific language on animal trusts: Alaska, Arizona, California, Colorado, Florida, Iowa, Kansas, Michigan, Missouri, Montana, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Tennessee, Utah and Washington.”
On the other hand, Professor Gerry Professor Beyer who is on the faculty of the Texas Tech University School of Law, as the Governor Preston E. Smith Regents Professor of Law, and one of the experts in estate planning for pet owners notes that some 43 states and the District of Columbia have some form of statutory pet trust.
I would personally put my faith and trust in the writings of Professor Beyer when considering the use of their service.
But, that is simply my opinion.
New Jersey Court Orders Joint Custody Of a Pet Pug
A New Jersey Court has ruled that a couple, arguing over the custody of their pet pug, would be required to have joint custody.
Eric Dare and Doreen Houseman, who split up after a thirteen-year relationship, had been involved with a three-year court battle over their six year old dog, Dexter.
The case was sent back to the trial court, when the appellate panel ordered a new trial, The panel said that the dog was like a family heirloom, or a piece of fine art, and that the judge should retry the matter, giving weight to what Dexter meant to Houseman and Dare.
In Houseman v. Dare, FM, 08-667-07, the Trial Court then ruled that there would be alternating custody terms of five weeks for each of the parties.
In an interesting twist to the case, the Animal Legal Defense Fund of Cotati, Calif., had advocated for a best-interest-of-the-pet standard. However, the New Jersey Court declined to accept such a standard.
Another move forward in the field of pet law?
Sometimes, pets are being treated more like people than possessions.
Top 50 Blogs For Animal Owners
I would like to give a big shout out and THANK YOU to the Pet Gazette.
This blog, written by Jimmy Atkinson, recently listed it's choices for the Top 50 Blogs For Animal Owners.
Our very own Pet Trust Law Blog was among the Top 50 and Jimmy writes, “If you’re a pet owner, you can learn about the well being and future planning for your pets along legal lines, including estate planning for pet owners and pet trusts."
The list contains many valuable and useful sites.
Visit Jimmy’s blog often and made sure that you check out his Top 50.
A Tax Deduction For Pet Care Expenses?
You probably missed this one!
Last month, House Bill 3501 was introduced into the United States House of Representatives.
The Humanity and Pets Partnered Through the Years (HAPPY) Act, introduced by Congressman Thaddeus McCotter, of Michigan would amend the Internal Revenue Code to allow individuals to deduct up to $3,500 per year, for "qualified pet care expenses.”
The Bill applies to all legally owned, domesticated, live animals.
The Bill also provides that Congress finds, “According to the 2007-2008 National Pet Owners Survey, 63 percent of United States households own a pet. The Human-Animal Bond has been shown to have positive effects upon people’s emotional and physical well-being."
We all spend a lot of money on our pets.
We all could use a tax break.
Call you Representatives and Senators and tell them to back this bill.
Want to Adopt A Cat?
What a great idea.
The Michigan Humane Society is trying to promote its pet adoption program.
To gain more interest in the process, the Society is offering a Catfax for Certified Pre Owned Cats.
A Catfax provides the prospective new owner with a full history of the cat to be adopted.
According to "Allie" at the Oast & Hook Law Firm, "The Michigan Humane Society’s adoption program is called “Catfax,”and allows would-be owners to get the history of their “new” cat before they adopt. The ad campaign for the program features a poster offering “Certified Pre-Owned Cats, 0% down, 0% financing, no payments! Cats 4 months and older. For a limited time only. Other fees may apply.” The cats come with a free “multipoint inspection” including spay/neuter surgery, vaccinations, behavioral evaluation and grooming. The program and its ad campaign are an effort to draw attention to the problem of large numbers of adult cats looking for homes. The summer months bring many new kittens to shelters, making it more difficult for adult cats to find homes."
If you are interested in their program, visit the Michigan Humane Society website.
This may be just the program for you.
Your Bank May Not Be The Best Choice as the Trustee Of Your Pet Trust
Many clients ask if they should appoint some one from their bank to be the trustee of their pet trust.
I recently spoke with a trust manager of a major financial institution.
She advised that in most circumstances they would be unable to act in that capacity.
Reasonable financial and reporting constraints prohibit most financial institutions from performing in this role.
Most of the trust funds that they administer run into the millions of dollars and their fees are thousand of dollars per year.
Not a good choice for most pets trustees.
Consider your accountant, your attorney or another trusted person for the role of trustee for your pet trust.
How Much Do I Pay the Caregiver in My Pet Trust?
How much should I pay the caregiver of my pet trust?
Betsy Naples, Florida
Betsy, this is a very good question and one that I cannot easily answer.
You obviously need to make some type of arrangement in your pet trust for payment to your pet’s caregiver.
The amount can vary greatly.
It depends upon the number of pets in the trust, the expected duration of the life off the pets, the relationship between you-the caregiver-and the pets and the expectations of duties and responsibilities that you place upon the caregiver.
The fee may be as small as a few dollars every week or can increase to several hundred dollars per month.
Remember, that no matter how much the caregiver likes your pets, it is still a chore for them to provide this service.
Discuss the potential caregiver fee with your attorney, pet panel and maybe even your trustee.
Update Your Estate Plan For Your Pets
I had a recent question, at a seminar for estate planning for animal owners that applies to many people.
A couple had established a pet trust that appointed the local humane society as the caregiver for their pets. Unfortunately, this facility was now some 3,000 miles away.
They were concerned about the costs and timing of the transfer of the pet to this facility.
They also had questions about the validity of their existing trust because they now lived in another legal jurisdiction.
When you change your residence from one state to another, you should contact a local attorney to review your current estate plan.
You need to be sure that it conforms to the laws and requirements of your new home state.
Each state has their own laws governing estate planning and that includes your pets.
Keep your estate plan current.
California Court Rules That Deceased Pet Has Only a "Market Value"
Although some state have, for decades, awarded owners of companion animals putative or emotional damages for the loss of a pet, a recent California Appellate case states that the law does not recognize any “peculiar value” of a pet.
In the case of McMahon v. Craig, No G040324, slip op at 2 (Cal. Ct. App. July 31, 2009), a veterinarian was sued after the owner’s Maltese died of aspiration pneumonia, while under the care of the vet.
McMahon alleged that the vet acted in a negligent manner in the treatment of her dog.
The California Appeals court ruled that the plaintiff “was neither a witness nor a direct victim of [the] defendants’ negligent acts” and thus could not obtain emotional distress damages for negligence and it also limited proof of special value to those attributes “evidenced by the original cost, and the quality and condition at the time of the loss.”
The Court essentially ruled that the “market value” and any “special value” of a pet are one and the same.
Try telling any pet owner that the value of a lost pet is simply, the "replacement cost."
A New Estate Plan For Pet Owners
I am always looking for new, different and innovative types of estate planning for animal owners to protect their pets.
Pet trusts are the most common form of planning.
They are straightforward and mainstream, if not difficult to comprehend.
However, I recently came across another type of estate planning for pet owners.
If you are a firm believer in the rapture (The rapture is belief that is almost exclusively confined to conservative Protestants. It involves Jesus Christ returning from Heaven towards earth. In violation of the law of gravity. Saved individuals -- both dead and alive -- are expected by believers in the rapture to rise up in the air and join Jesus in the sky) you may want to check out the website, eternalearthboundpets.com.
If you prematurely leave this sphere in the rapture, what happens to your pet that you leave behind?
Well…Eternal Earthbound Pets says:
"We are a group of dedicated animal lovers, and atheists. Each Eternal Earth-Bound Pet representative is a confirmed atheist, and as such will still be here on Earth after you've received your reward. Our network of animal activists are committed to step in when you step up to Jesus.
We are currently active in 20 states and growing. Our representatives have been screened to ensure that they are atheists, animal lovers, are moral / ethical with no criminal background, have the ability and desire to rescue your pet and the means to retrieve them and ensure their care for your pet's natural life."
You can check out their service and prices here.
I am not passing judgment or their ideology or their ideas, just offering you another alternative type of estate planning for animal owners.
You cannot be too prepared!
Enjoy Labor Day with Your Family and Your Pets
Today is labor Day.
A celebration of the American worker and their strength, knowledge and perseverance.
Even in these tough times.
Enjoy today with your family and your pets.
Forget your job.
Forget your 401(k).
Forget the economy.
Have a picnic.
Take a hike.
Go to the beach.
Have a bar-b-que.
Enjoy and relax...
Is Pet Cremation Legal In Maine?
I recently received this anonymous question: I am trying to find laws that regulate pet cremation both federally and state. I live in Maine and I am trying to research what is needed for a license to operate a cremation service, as there is not one locally in my area?
In almost all instances, burial and cremation laws are state and not federal specific.
Pet cremation is legal in Maine, but one would need to consult with their attorney on this
business.
Like any business or occupation, pet cremation is covered by specific statures that must be followed.
Call your attorney, they can provide the necessary guidance to enter into this business.
A Pet Guardian Instead of a Pet Trust?
I want to write a pet trust for my three cats, Curly, Larry and Moe.
However, I do not have anyone that I can trust to be the Caregiver.
Is there an organization that you could recommend for this position?
Kathy Seattle, Washington
Kathy, Most local Humane Societies will perform this duty for your pet.
In Seattle, the Seattle Humane Society provides this service. It is called the Seattle Humane Society Pet Guardian Program.
According to Brenda Barnette, CEO, their Pet Guardian Program,”provides animal lovers with the peace of mind and the guarantee that we will be there for their beloved companions when they are no longer able to care for them due to disability or death.”
The Pet Guardian Program is a free service for Seattle Humane Society adopters, volunteers and donors who specify in their wills or trust documents that their pet.
She also makes the following recommendations:
• Prepare written instructions including the pet's likes and dislikes and the name of the pet's regular veterinarian,
• Update the instructions every six months and keep them in a safe place,
• Make arrangements with a trusted friend, relative or designated caregiver to transport the pet to the Seattle Humane Society when the time comes.
For further information, visit their web site here.
Protect Your Pet At All Times
No matter how much you love your pet.
No matter how much to want to protect them.
No matter what your position in life.
Remember that your pet and your pet’s safety is your responsibility.
This tragic story is a very painful reminder.
A person who has an obvious love for animals failed to observe these simple rules and as a result, their pet suffered the consequences.
Read the entire story of this tragic death:
"A member of the Richmond SPCA family has been struck with a personal tragedy in recent days. While this matter is deeply personal, it has gained attention of local media; therefore, we would like to share with you directly what has been a source of enormous grief for our CEO Robin Starr and her family.
Last Wednesday, the Starr family lost a dear companion in their 16-year-old dog Louie. Sometimes Louie accompanied Robin to the office on days their home was being cleaned. The morning of August 19, just before Robin left for work, her husband Ed placed Louie inside the rear of her station wagon with the intention of letting her know Louie was there. However, Ed forgot to tell Robin that Louie was in the car. Because Louie – being a docile senior pet – rode silently, lying contently in the back of the station wagon, Robin was unaware of his presence when she arrived at work.
It was not until Robin returned to her car at lunchtime that she saw Louie.
At that time he was alive but in heat stroke. She rushed him inside where the Richmond SPCA veterinary team diligently worked to stabilize him before he was transported to Veterinary Emergency Center for more extensive care.
At the family’s direction, the VEC team made every possible effort to save Louie, but late that night, he died.
Everyone at the Richmond SPCA shares the deepest sympathy for the Starr family, as we realize that such a tragic accident could befall anyone. Louie could not have had a family love him more. We would prefer that the Starrs be allowed to grieve privately, but, since the local news media may not make that possible, we wanted to make you aware of what occurred. We have every confidence that your hearts will go out to the Starrs just as ours do"
Sincerely,
Tabitha Hanes
Community Relations Manager
Richmond SPCA
Owner Guidelines In A Pet Trust
Most pet trusts have some type of guideline, directional or owner intention clause included.
It may or may not be effective as to the trustee, but is considered a declaration of the owner’s desire for their pets.
The following is an example of such a clause:
Without in any way limiting the discretion of my Trustee over distributions of income and principal from this trust, or the placement of my pets subject to this trust, I declare to my Trustee that the primary purpose of this trust is to provide a warm, caring and loving environment for my pets for the remainder of their lives, including good nutrition, and veterinarian care and attention. Preservation of principal is not as important as these objectives.
Discuss this important clause with your attorney when your prepare your pet trust.
It can be a valuable guide for your trustee.
Home Pet Sitter Has Full Access to Your Home.
Obviously, the most common situation is to board your pets when you travel, but more and more animal owners want their pets to feel the security and familiarity of their own surroundings.
I recently had a call from a client regarding pet services that come to your home while you are away.
This client wanted information as to what she should expect with the home sitter as far as a request to access the residence.
A contract might contain the following typical language.
Client will provide ______ with two (2) house keys during the initial appointment. If client only provides one (1) key, a five-dollar ($5.00) key-duplication fee will be assessed. Client’s keys will be returned to Client when services provided have been paid in full. Keys will be returned only to individuals designated by Client on this Contract. In the event that it is necessary for ______to employ a locksmith to gain entry into Client’s home due to a malfunction of the lock or other event outside of _______ control, the Client expressly authorizes _____ to utilize a locksmith, and the Client shall be responsible for all costs incurred. _____ will make every effort to contact Client or Client’s designated Emergency Contact before engaging any locksmith services.
As the home sitter will have full, complete and unattended access to your home while your are away, do your homework as to their professionalism, reputation, references, insurance and bonding issues.
How Much Should I Pay the Trustee of My Pet Trust?
How much should I pay the Trustee of the pet trust for my cat, Belinda? (I realize that I would not actually be around…so I will not be paying!)
Kathy St. Augustine, Florida
Kathy, this is a very complex question.
It will depend upon the amount of duties and responsibilities that you place upon the trustee.
How extensive are the instructions for the trustee?
What is the amount of money in the trust?
How many pets are involved?
One method used is to try to estimate the number of monthly hours that the Trustee will be actively involved and simply pay a fair hourly rate as the monthly compensation.
Can I Trust My Pet Trustee?
What if my Trustee is not operating within the instructions and confines of my pet trust? Who is going to take care of this since I obviously will not be around.
T. O. Indianapolis, Indiana
Many of the trusts that we create have a Trust Protector or a Trust Panel to oversee the Trustee.
In addition, usually the Trust Agreement will provide the necessary steps for formal removal.
Some of the common terms are:
Notice of removal shall be in writing and shall be delivered to the Pet Trustee being removed, along with any other Pet Trustees then serving.
That the notice of removal of the Trustee shall be effective in accordance with its provisions.
The Notice of appointment shall be in writing and shall be delivered to the successor Pet Trustee and any other Pet Trustees then serving.
The appointment shall become effective at the time of acceptance by the successor Pet Trustee. A copy of the notice shall be attached to this agreement.
We will look at the role of the Trust Panel and Trust Protector later this week
What Is The Role Of The Pet Panel In A Pet trust?
I discussed earlier this week the use of a Pet Panel in your Pet Trust.
This panel of individuals is appointed in your Trust and has various duties as you and your counsel shall provide.
Some example of duties as established for a pet panel, as are follows:
Work with the Pet Trustee to select an appropriate Pet Guardian for each pet;
Make the final decision on accepting or rejecting the choice for Pet Guardian;
Review the Pet Trustee’s performance;
Authorize financial bonuses for the Pet Guardian pursuant to the Trust;
Assist the Pet Trustee and Pet Guardian with major medical decisions affecting the health and lives of the pets;
Select a new successor Pet Trustee to replace the then serving Pet Trustee if there are no other Pet Trustees named or if there are none that are willing or able to serve;
Make occasional, unannounced, in-home visits to monitor the care of the pets;
Assist with end-of-life decisions for the pets, including euthanasia, based on the pets' quality of life, pain and suffering, and chances of meaningful recovery.
Your counsel can assist you with a Pet Panel when you complete your estate planning for your pets.
The Helmsley Estate Battle to Continue
I have written and commented on many occasion on the most famous case of the estate of Leona Helmsley.
It is well documented that she left several million dollars to her dog Trouble, and that the bulk of her estate of almost $8 billion dollars was to be used for the care and welfare of animals.
The American Society for the Prevention of Cruelty to Animals is now reporting that they have joined other organizations in filing suit against the Trustees of the Helmsley estate.
The ASPCA website reports:
“Mrs. Helmsley’s Trust Agreement was clear: Help dogs. And the Trustees have not done this, and instead pursued their own agendas with Mrs. Helmsley’s money,” said Wayne Pacelle, president and CEO of The Humane Society of the United States. “Every person with a will or estate, and every charity that relies on bequest income, should be profoundly concerned about this misdirection of funds.”
You can read the entire story here.
Certainly, with the amount of money that is involved, this is not a controversy that will end soon.
The result of this legal battle will have a lasting affect on all estate planning for all animal owners.
Bonding Issues in Pet Trusts
I recently received a question at a Continuing Legal Education presentation on Estate Planning for Animal Owners about bonds in pet trusts.
Obviously, in almost all will and trust documents there is a requirement for the purchase of a monetary bond.
Usually the executor of an estate must purchase a bond when the estate is open. The purpose of this bond is to protect the creditors and more importantly, the intended beneficiaries.
If the executor fails to pay a bill, claim, or distribute any monies under the will as required, the bonding company will be forced to step up and pay the aggrieved parties.
In a pet trust, the Trustee is controlling the money and generally pays the bills on behalf of the caregiver.
The caregiver is generally never directly involved with the funds or the disbursement of monies from the trust and therefore is not in a position to abscond with the money.
The trustee, who is generally bonded or is a commercial financial institution, is the responsible party.
What About An Alternate Caregiver For My Cats?
I have found that is it difficult enough to find someone that I trust that can be a good caregiver for my three cats, Curly, Larry and Moe. It is nearly impossible to think of an alternate caregiver. Any suggestions?
Betsy Lynn Las Vegas, Nevada
Betsy, you are correct. The choice of a caregiver for your cats is like appointing a guardian for your children.
Remember, usually the caregiver will have to sign some type of agreement, contract or document prepared by the Trustee stating that they will provide the proper care for you cats, before the Trustee will even release your pets to the caregiver.
Some people allow the appointed Trustee to nominate an alternate caregiver, if it becomes necessary.
One other method, is to appoint an animal care panel of your friends or family and give them the duties and responsibilities of appointing the alternate caregiver.
No matter what method you choose, this is not an enviable task.
Will a Kennel Provide Emergency Care For My Dog?
I am going to put my dog Ralph, in a kennel while I go on a short business trip. What will happen if he needs medical care while I am away? What if there is an emergency and I am not immediately available?
Tommy Ames, Iowa
Tommy, most kennel contracts will cover these contingencies by providing that they are authorized to perform everyday care and services including, but not limited to, requests to administer specified medications.
In the event of an emergency, the kennel must use reasonable judgment in caring for your dog.
There is also usually a clause in the contract that states that if medical attention is necessary and a specified veterinarian is unavailable, then you expressly authorize the facility to seek emergency veterinary care.
You can also give an emergency medical power of attorney to someone for Ralph, that you trust, while you are gone.
Our experience has been that most facilities that care for animals on a long term basis are very good with their medical attention.
Good luck on your trip.
Why Do Pet Owners Complete Estate Planning For Their Pets?
Why do pet owners complete estate planning for their pets?
How much do owners like their pets?
A recent survey found that there are approximately 130,000,000 pets in the United States.
Some seventy-five percent of all Americans own a pet.
Forty-four percent of all cats receive Christmas presents.
Moreover, more people spend time reading the nutritional labels on food for their pets than for their own food.
Any other reasons estate planning for pets is a growing field?
Animal Document Can Be A Life Saver
I recently received a call from a blog follower asking what information should go into an animal document.
An animal document is quite simply, just a separate document that should contain personal information about your pets such as the name, age, size, description, type and any identifying marks of your animals.
You need to obviously have all of your contact information (name, address, phone, cell phone and email) along with any special need instructions or medical care for your pet and the name and location of your veterinarian and an emergency person to contact.
The card is to be used in case you, as the owner, become injured or incapacitated and cannot care for your pets.
Your animal document should be kept in the same location as you keep your other estate planning documents and this location should be disclosed to those closest to you.
This simple document can literally be a life safer for your pet.
Do You Have Language For A Pet Living Will?
I have read before about your thoughts on a living will for pets. If I have one prepared for my cat, Mrs. Longbeard ( a long story) do you have any suggested language.
Donna Sue Batesville, Indiana
Donna, obviously you are going to have your attorney prepared this document and he or she will have the necessary knowledge for a living will.
However, in general terms, language such as this should suffice:
...Representative is to provide any needed reasonable veterinary care that my animal may need at that time to restore the animal to generally good health and to alleviate suffering, if possible. Any animal(s) not in generally good health or who is so suffering—and whose care is beyond the capabilities of veterinary medicine, reasonably employed, to restore to generally good health or to alleviate suffering—shall be euthanized, cremated, and the ashes disposed of at the discretion of…
I hope that you will not need to use this document for many years to come.
What Happens if My Pet Trust Runs Out of Money?
What happens if I set up a pet trust and the trust runs out of property before my parrot, Pedro dies?
Pepe Estero, Florida
Pepe, if there is no money, assets or property remaining in the trust, obviously the trustee will not be able to pay for Pedro’s care. The trustee is not responsible and not likely to pay for Pedro out of his or her own pocket.
Depending upon the circumstances and the relationship involved, the caregiver may continue to pay for Pedro' care with his or her own funds.
In case the caregiver is unwilling or unable to do so, you should have a clause in your pet trust that states the name of the person or organization to which you would like to donate your pet.
The last thing that you would want, is that for lack of proper planning, Pedro ends up in a shelter where he might be euthanized.
Why Do I Need a Pet Trust?
Why do I need a pet trust? I assume that my sister will take care of my dog Ginger, when I die. My sister, Valerie always plays with Ginger when she comes to visit and they seem to get along well.
Betsy Bonita Springs, Florida
Betsy, many people assume that when they die their family or close friends will simply take in their pets and take care of them.
Unfortunately, the facts do not bear out this assumption.
Each year from four to six million pets are euthanized because they cannot be placed with a caring family or individual. Although there are no hard statistics, it is generally presumed that owners abandoned a great majority of the pets when they died.
A little estate planning for your pet, whether formal or not, can eliminate some of these numbers.
At least you need to talk to Valerie to see if see will assume the responsibilities for Ginger, if it becomes necessary.
How Much Money Is Needed To Fund My Pet Trust?
How much money do I need to fund my pet trust?
This is a common question that I am asked by animal owners, and the answer, of course, is a vital part of setting up a pet trust.
In order to adequately fund the trust, you need to know how much it will cost to take care of your pet and for how many years the cost will continue.
Petfinder.com recently published a good article with a chart from Stephen Zawistowski, Ph.D., the Sr. VP Animal Sciences, ASPCA, of the estimated yearly costs of pet ownership.
Although, I believe that some of the costs projected are very low (for example, he sets the cost of food for a small dog at only $150.00 per year) I believe that it is a good starting point for your review of needed costs and categories for your planning.
Go here, and check out the entire chart.
New Cancer Drug Available For Your Dog
This is a follow-up post regarding pets that are currently undergoing treatment for cancer.
I just recently became aware of a new drug that has been approved by the U.S. Food and Drug Administration (FDA) that is the first drug developed specifically for the treatment of cancer in dogs.
According to the FDA news release, the drug, Palladia (toceranib phosphate)
"… is approved to treat canine cutaneous (skin-based) mast cell tumors, a type of cancer responsible for about 1 out of 5 cases of canine skin tumors. The drug is approved to treat the tumors with or without regional lymph node involvement...
... All cancer drugs now used in veterinary medicine originally were developed for use in humans and are not approved for use in animals. Cancer treatments used in animals are used in an “extra-label” manner as allowed by the Animal Medicinal Drug Use Clarification Act of 1994.
...Palladia is a tyrosine kinase inhibitor and works in two ways: by killing tumor cells and by cutting off the blood supply to the tumor. In a clinical trial, Palladia showed a statistically significant difference in tumor shrinkage when compared with an inactive substance (placebo)."
Obviously, you need to discuss this new drug with your Vet to determine if this drug can help your inflicted dog.
For more information go here.
Help Available for Pets With Cancer
Danny,
I came across your comments today after finding out that our dog has cancer in her lymph nodes from a previous bout of anal gland cancer. She is old with many other medical issues, so our concern at this point is getting her through this final assault as comfortably as is possible. I am looking forward to further information that you might be sharing while looking for a vet who might be able to become involved in this process.
Cheryl Plainfield, Illinois
Cheryl, I am sorry for you and your dog.
I have included some information from another dog lover who responded to a similar question.
..."There's a fantastic Yahoo! support and information exchange group, "bonecancerdogs" that is a great support and information-sharing network. The moderator has to approve your membership, but that usually happens the same day. I think anyone (member or not) can view the files, database, and archives. That group has started a website at www.bonecancerdogs.org that is loaded with information.
One thing, no matter what you decide: the pain of bone cancer is horrendous. It can change your dog's personality. If you see your dog is suffering consistently, do the kindest thing and let her go peacefully. It's very hard, but stay with her if you can. It's the ultimate comfort to have you there..."
Jan Matthew Tamanini
Hopefully, this will provide some useful information for you and give direction to the resolution of this terible situation.
A Final Thought on Pet Hospice Care
One additional note on the issue of hospice care for pets must include a mention of The Nikki Hospice Foundation for Pets.
With its corporate headquarters in California, this non-profit organization is a wealth of information and guidelines of hospice care for animals.
The Foundation…” is dedicated to providing veterinary hospice care to terminally ill and dying pets in the comfort of their own homes and subscribes to a philosophy that addresses--very much like that espoused in human hospice programs--the physical, emotional and spiritual needs of these pets and of the people who love them…”
According to their guidelines, …”the use of veterinary hospice care is to be considered as constituting good veterinary medicine in that it allows for a “good death” for the pet and consequently, “good” grieving for the client. This service must be offered in the context of a valid veterinarian/client/patient relationship, and it is recommended that appropriate client consent be obtained for all facets of veterinary hospice care.”
Go to their site here and you will find extensive research and information on hospice care for animals and how it can positively affect you and your pets.
This is another important step in estate planning for your pets.
Pawspice is One Form Of Pet Hospice Care
In a movement lead generally by veterinarians, more and more pet owners are learning about and using hospice care for their dying pets.
One example of hospice care for animals is pawspice.
According to Alice Villalobos, DVM, “the pawspice program provides comfort care for both the family and the patient. Pawspice provides clients with end-of-life care and staff with a protocol that validates a mutual willingness to endure its special purpose…”
According to the website Veterinary Practice News, they have developed a guideline or sorts to …”help clients determine for themselves when a pawspice plan is good for the pet or when it is time to make the final call for euthanasia…”
The vets use a HHHHMM Quality of Life (Q of L) Scale to measure seven special parameters. The acronym stands for Hurt, Hydration, Hunger, Hygiene, Happiness, Mobility and More good days than bad days. Each parameter is measured from zero to 10. Evaluate each parameter and try to alleviate each problem by at least 30 percent to 50 percent.
This scale is to help the pet owners monitor their terminal pets on a daily basis.
Go to their site here and read further information on the pawspice plan and see if it is something that you need to discuss with your family and your vet.
Hospice Care For Pets Is Now Available
I have often discussed the issue of euthanasia and your pets.
Unfortunately, many companion animals are euthanized every year when they are abandoned, lost or otherwise separated from their owners.
In addition, some pet owners chose euthanasia when their pets incur life threatening injuries or diseases.
However, now many pet owners are now opting for another choice; that of hospice care for their pets.
In a movement lead generally by veterinarians, more and more pet owners are learning about and using hospice care for their dying pets.
Veterinarians can provide many different comfort techniques to be used in the home where both the family and the pet are more familiar with their surroundings and also subscribe pain lessening drugs or medications for the animals in their final days.
We will review some of the professional hospice care facilities that may be available for you and your pets in the next couple of days to give you some background information on this phenomenon.
Give Dogster.com a Look
I am always on the lookout for websites for animals.
Some are more commercial than others and all that I mention are without an endorsement of any kind.
Dogster.com appears to be a combination of information and commercialism for all thing dogs.
Nevertheless, it does have a feature that is worth viewing. You may place your zip code into a search file and look for the following items found in your own neighborhood.
Healthcare
• Veterinarians & Specialists
• Emergency Services
Pet Services
• Walkers
• Sitters
• Daycare
• Groomers & Spas
• Boarding & Kennels
• Training & Obedience
• Photography
• Dog Waste Removal
Newspapers Pet-Friendly Businesses
• Restaurants & Cafes
• Bars & Nightlife
• Pet-Friendly Stores
Pet-Friendly Travel
• Hotels
• Vacation Rentals
• Resorts & Spas
• Ski Resorts
• Theme Parks
Welfare
• Animal Shelters
• Rescue Organizations
Pet Stores
• General Pet Stores
• Pet Boutiques
• Neighborhood Stores
• Feed Stores
Recreation
• Dog Parks & Dog Runs
• Campgrounds
• Beaches
Visit their site and give it a try.
You just might find some useful new information.
Alternatives to Individual Caregivers in a Pet Trust
I want to provide for my three cats upon my death, but I have no friends or relatives that I can be comfortable to nominate as a caregiver. Any suggestions?
Andy Scottsburg, Indiana
Andy, I am pleased that you are taking the time to plan for the care of your cats after you can no longer do so.
The first obvious choice is a local humane society.
You can meet with the officials and view the physical surroundings to see if you approve. Is the facility too large or too crowded? Will you cats be caged for extended periods of time or are there free roaming areas available? What is the ratio of employees/volunteers to the number of animals? Does the society require a minimum amount of monetary donation to care for your cats? Is there an active adoption program available?
If the local humane society does not meet your standards; you can contact local non-profit animal protection groups, private sanctuaries or university veternarian programs.
There are viable alternatives to individual caregivers.
Keep Your Pets Safe This Holiday
The Holiday weekend has once again arrived.
Many of us will spend our time outside at the beach, with picnics, attending ballgames and enjoying our local, state and national parks.
Many of our pets will join us in these various activities.
It is up to you to protect them and keep them out of harm’s way as this holiday brings different types of dangers.
Susan NC Price of the Chicago Pets Examiner writes:
..."Picnics pose other dangers, primarily through the availability of foods—and alcohol—that can sicken or even kill your pets..But the presence of lots of people around your house or yard can also pose tripping-over and stepping-on dangers for non-caged pets. You may want to consider shutting your dogs or cats away for their own safety, especially if you can’t trust your friends not to feed your pets unsuitable treats..."
Ms. Price offers other excellent tips and advice in her story and you can read it here.
Enjoy the weekend and your holiday, safely with your family and your pets.
Anti-Stalking Statute Can Include Domestic Animals
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.
Domestic Protective Order Can Include Animals and Pets
The lines between human and animal law seem to be narrowing in more and more areas.
I recently attended a Continuing Education Class on Animal Law.
I was intrigued to learn that some states (California for one) have statutes that provide, as a part of a protective order in cases involving domestic violence, that the Court may grant exclusive possession, care or control of any animal owned, possessed, leased or kept by either the injured party or a minor child residing in the residence.
The Court may also order the offending party to stay away from the animal and forbid that person from taking, transferring, encumbering, concealing, molesting, attacking, striking, threatening, harming or otherwise disposing of the animal.
Powerful legal tools.
I will have some additional new information later this week.
Tax Issues With Pet Trusts
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.
How Many Pet Owners Actually Prepare Pet Trusts?
How many pet owners actually prepare and actually implement pet trusts?
Pam Atlanta, Georgia
Pam, this is a good question that is a little difficult to answer, as most people do not want to appear to be unprepared or dilatory and may not respond truthfully when questioned about these issues.
However, the best estimates are that only approximately twenty percent of all individuals under the age of fifty have prepared estate plans for their business and families.
Moreover, the same surveys indicate that approximate twenty to twenty–five percent of all pet owners have established pet trusts.
Not an especially high percentage, but it appears that pet owners may be more proactive in this area.
Our Site is Featured in Indiana Lawyer!
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.
Pet Programs For Hospice Are Worth a Second Look
I recently wrote a posting on the Pet Peace of Mind hospice support program, as a portion of the Banfield Charitable Trust.
I received a nice email from Dianne McGill, the Executive Director and CEO of the Trust.
She wrote, in part…
"Thanks for the nice mention about our new Pet Peace of Mind hospice support program on your site. If you happen to mention us again, here's a link to our web pages so your readers can learn more about the program."
If you are interested, go to their site and read more information on the program.
Check Out Your Pet's Groomer
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.
New Helmet Law for Horse Riders in Florida
Florida is the land of Hurricanes, Gators and Seminoles.
If also is the land of many horses.
Almost 200,000 horses by some estimates.
The Florida legislature recently passed a new law that will require that most people under the age of 16 wear a helmet when riding a horse on public lands.
HB 169 provides:
That a person under the age of 16 must wear a helmet when riding a horse on public lands. The requirement does not apply if the person is registered to compete or perform during a show or event, if the person is riding a horse on private property, or if the person is engaged in an agricultural related activity.
The bill also prohibits parents from allowing children less than 16 years of age to ride horses on public property without a helmet. Similarly, the bill requires anyone renting a horse to be ridden by a person less than 16 years of age to verify the underage person has a helmet or provide the person with a helmet. A person violating this provision is guilty of a noncriminal violation, punishable by a $500 fine plus applicable fees and court costs.
This bill’s effective date is October 1, 2009.
Better check with your state laws regarding the safety issues of horse riders.
Especially, the younger riders.
Our Site is Featured on www.BankRate.com
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!
Looking For a Solid Trustee for Your Pet Trust?
I recently had the pleasure of presenting a Florida Bar CLE class entitled “Estate Planning for Animal Owners,” to a group of attorneys, animal lovers and supporter of the Humane Society of Naples.
The gracious host was Jennifer R. Figurelli of Comerica Bank.
As you are aware, I do not endorse pet products, websites or promoters.
However, Jennifer is a true animal lover, a Trustee of a pet trust and just happens to be a Vice President and a Trust and Estate Administrator for Comerica.
If you have any questions on the administration of your pet trust or are considering the appointment of a pet trustee, you should be confident of any assistance that Jennifer can provide.
Hurricane Season Is Here Again
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.
Our Site is Featured on Real Lawyers Have Blogs!
I would like to thank Kevin O’Keefe and his recent post on Real Lawyers Have Blogs, that featured our very own blog.
Lisa Kennelly wrote;
“There are unique blogs, there are niche blogs, and then there's Florida estate planning attorney Danny Meek's Pet Trust Law Blog.
His area of expertise, in estate planning for pet owners, is so distinctive that even other lawyers are often unaware of this field of law. But it works out perfectly for his blog, which is an incredible resource for questions of pet trusts, will provisions and other queries that likely would not be answered anywhere else.”
You can read the entire story here.
And once again thanks for the shout out and the recognition.
Enjoy the Memorial Day Weekend!
I am taking the weekend off to enjoy with my family and my dog.
I suggest you do the same.
Eat,
Relax.
Play.
Enjoy.
Another Reminder For Safe Travel With Your Pets
With the Memorial Day weekend fast upon us, many of you will be traveling to visit friends and family.
I would like to remind you again of some thoughts for you and your pets.
The question will arise…do we take the pets or not?
EzineArticles.com and author CS Swarens, has previously offered the following useful tips.
..."Determine if Your Pet is Really Ready to Travel
Before you begin making vacation plans that included your four-legged friend, you need to make an honest assessment of your pet's temperament. Is your pet really ready to travel? If your pet has any of these conditions, you should probably send it to a pet sitter or kennel while you are traveling:
• Your pet is very young
• Your pet is very old
• Your pet is ill
• Your pet is pregnant
• Your pet is recovering from surgery
If your pet is extremely hyper, suffers from anxiety, or is otherwise easily upset, taking it on vacation may not be a very good idea.
Get a Clean Bill of Health
Even if your pet seems to be perfectly healthy, you should still take a trip to the veterinarian's office before you head out on vacation. Discuss your travel plans with your veterinarian and ask about any risks you should be concerned about. In addition, you should discuss what you should do if any of these risks occur, such as if your pet becomes carsick or restless while traveling.
You should also make certain your pet's vaccinations are up to date and you should obtain a rabies certificate to take with you while on the trip. If you are traveling by air, you will be required to present this certificate. Even if you are not going by plane, having this on hand will help you avoid potential heartache if your pet nips at someone while traveling. You might also want to consider having your veterinarian insert a microchip that will help you locate your pet if you become separated.
Purchasing a Pet Carrier
With your pet properly prepared to travel, you now need to purchase a pet carrier. The carrier needs to be sturdy and secure so your pet cannot escape. It also needs to be well-ventilated and roomy enough for your pet to be able to stand up and turn around. Be sure to allow your pet to spend time in the carrier before the trip. That way, your pet will be used to the carrier and, hopefully, will be comfortable with having to spend time inside of it. The carrier should also have handles on the outside. That way, if someone else needs to handle the carrier, there is no risk of that person getting bitten.
Be certain to print your pet's name on the outside of the carrier with a permanent marker. You should also write your name, your address and your phone number. In addition to writing your personal address, you should also write your destination so you and your pet can be reunited as quickly as possible if you are separated. After all, the last thing you want is to be worried about your pet when you should be enjoying a memorable vacation together..."
Good advice, if you chose to travel with your pets.
They are your responsibility…
Some Thoughts On Lifetime Care Facilities For Your Pets
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.
Pets in American Samoa
I am going to spend a year working in American Samoa. Is there any reason that I should be concerned about taking my beagle, Ralph along for the stay?
Tommy T. Indianapolis, Indiana
That is very interesting, as I have a nephew who recently went to Pago Pago to work.
Small world.
This U. S. Territory, with a population of about 60,000, is located in the South Pacific Ocean and, as you might expect, does not have many animal related laws.
But, you do have to follow some rules.
AM. SAMOA CODE ANN. § 25.1605 (2004) Confinement areas for animals to be kept sanitary:
All poultry houses, yards, coops, pigeon runs, rabbit hutches, dog kennels, pens, barns, stables, or other structures or enclosures for any fowl or animal shall be kept clean and free from any accumulation of excreta decayed food and filth of every kind. All such structures and enclosures shall be maintained in a clean and sanitary condition.
In other words, keep your yard or dog area clean.
Seem reasonable enough.
Enjoy you trip.
Florida Jury Verdict - Intrinsic Value of A Dog is $20,000.00
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.
Patented Unique Pet Crematory Urn
I have posted several different articles that deal with all aspects of the death of your pet.
We have discussed burials, cremations, hospice care, memorial services and even the posting of a written death notice in a newspaper.
I recently came upon another idea for pet owners that is unique.
Apparently an inventor by the name of Charles J. Johansen, Jr.of Katy, Texas, has secured a U.S. Patent for a pet crematory urn.
Patent number: 6785938 was issued for:
..."A process for the manufacture of a pet crematory urn for storing the cremated remains of a deceased pet comprising…"
This urn is different, in that is to be shaped in the likeness of your deceased pet.
You can visit his patent page and see if this is something that interests you and your family.
I cannot imagine the idea, but then, there are many who have the deceased pets stuffed and mounted on the wall.
Banfield Peace of Mind Program to Assist Hospice Patients
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!
Our Blog Featured in Upcoming Story on www.Bankrate.com
I had an interview this morning with Sheyna Steiner, a staff writer for www.Bankrate.com.
This site is all about financial information for everyday life.
She is preparing a story for Bankrate.com on pets and finances and is going to include a section on estate planning for pets.
Mr. Steiner advised that she located me via my blog and contacted me to discuss various issues regarding pet trusts. We discussed the role of the trustee and caregiver, the various funding options for the trust, the changing attitude of pet owners regarding the use of a trust and the education of estate planning attorneys and the role of pet trusts in their overall estate planning packages.
She was unsure as to the schedule of the printing of the article, as day-to-day economic hot flashes tend to dictate priorities.
I will provide access to the final article…assuming, of course, that she makes me sound good.
Law Student Seeking Pet Caretaker Position
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.
Tips for Caring For Your Pet In Their Final Days
The main focus of our writing about estate planning for pet owners is to assist them in the preparation of a new home and caregiver for their pets, after the death of the owner.
Pet trusts, pet power of attorneys and clauses in wills to provide for pets, are all basic parts of the planning process.
However, not all pets obviously survive their owners.
Are you prepared of the premature death of your pet?
What can you do to prepare for this event?
What are your responsibilities to your pet?
The ASPCA guides pet parents in the care of an animal companion as she approaches her passing. Some of their tips include:
• Minimize your pet's discomfort or pain by having her examined by a vet and treating any health problems she's experiencing.
• Keep track of your pet's quality of life by asking your veterinarian to inform you of symptoms associated with your pet’s condition.
• Keep a daily record of your pet’s behavior, noticing if she seems confused, has lost her appetite or seeks out unusual places to hide.
• Make an elderly pet feel secure by surrounding her with her favorite things, like a warm blanket or special squeaky toy.
You can visit their website here for more information and tips on handling this delicate and unfortunate situation.
Update on The Newly Proposed Connecticut Pet Trust Legislation
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.
Pet Owner's Economic Tips for Tough Times
Dr. Arnold Goldman is the president of the Connecticut Veterinary Medical Foundation.
He recently authored an article that provides information to pet owners during these tough economic times.
Among his suggestions were that animal owners:
Consider pet health insurance when your pet is still young and before medical problems develop, so that new conditions will not be excluded as "existing" later. Pet health insurance is also a lifesaver when emergencies occur because your out-of-pocket costs will be significantly lower.
Avoid owning more animals than you can handle. Even if you fall in love with an animal who needs a home, think twice about what is best for that animal. While your heart tells you to rescue an animal in need, if you are already struggling financially, you may not be able to afford the required care. The animals you have now should take priority.
Remember, that shelter animals are already well-cared for by a caring staff. Better that animal stayed at the shelter in the first place and had a chance of being placed in another home that could afford all its needs for the long term, rather than being adopted and surrendered over and over.
Just as we all should live within our means, we should also live within our "animal means," and think about basic needs rather than fancy perks. If necessary skip the professional groomer and learn how to bathe/groom your companion yourself; skip the paid dog walker or doggie day care and see if a friend can help you out with the walks and exercise when you are working extra hours to make ends meet, and can't get home to tend to your pet." ...
You can read the rest of his article and secure additional economic tips for pet owners here.
Visit Us At The FloridaPet.Net Newsletter
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.
Sunday Is National Pet Parent's Day
National Pet Parent’s Day.
I did not know this holiday even existed.
A noble idea.
A fun concept to consider.
But, we all should have known that like Mother’s Day, Father’s Day, Grandparent’s Day and Valentine’s Day…there is a commercial enterprise behind this idea
According to the Sacramento Bee newspaper.
"Veterinary Pet Insurance Co. (VPI) has designated a day in honor of those who tirelessly scoop poop and dish out kibble, hold birthday parties in Fido's honor, and share a cramped bed with four paws. Pet Parent's Day(SM), the nation's only official day celebrating pet caregivers, lands on the last Sunday in April - this year, April 26. Preempting a season dedicated to the appreciation of mothers and fathers, National Pet Parent's Day recognizes and honors those who lovingly consider their pets a part of the family."
Even if it is a potential money making idea, it is a good reminder that our pets may be more like children to us, rather than mere animal companions.
Grab your pet, give'em a hug and enjoy National Pet Parent's Day.
Pet Owners Spent $43 Billion in 2008?
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.
Maryland Passes Statutory Pet Trust
In February, I wrote that A. Wade Kach, a Baltimore County Republican, had introduced legislation that would provide for pet trusts in Maryland.
A previous bill that was introduced in the Maryland Senate in January of 2006 (Senate Bill 235) failed to pass.
Well this time the legislature got it right.
The newly passed law goes into effect on October 1, 2009 and reads as follows:
(A) A trust may be created to provide for the care of an animal alive during the lifetime of the settlor.
(B) A trust authorized by this section terminates:
(1) if created to provide for the care of one animal alive during the lifetime of the settlor, on the death of the animal; or
(2) if created to provide for the care of more than one animal alive during the lifetime of the settlor, on the death of the last surviving animal.
(C) (1) A trust authorized by this section may be enforced by a person appointed under the terms of the trust or, if no person is appointed, by a person appointed by the court.
(2) a person having an interest in the welfare of an animal the care for which a trust is established may request the court to appoint a person to enforce the trust or to remove a person appointed.
(D) (1) Except to the extent that the court may determine that the value of a trust authorized by this section exceeds the amount required for the use intended by the trust, the property of the trust may be applied only to the intended use of the trust.
(2) Except as otherwise provided under the terms of the trust, property not required for the intended use of the trust shall be distributed:
(i) to the settlor, if living; or
(ii) if the settlor is deceased, to the successors in interest of the settlor.
Note: The Rule Against Perpetuities does not apply to pet trusts under Est. & Trusts § 11-102 (b) (12).
Animal owners in Maryland, you can now join 39 other states that have passed statutory pet trusts.
I hope that the other will continue to follow suit.
You Think That Your Dog Has it Good?
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.
There Are Many Ways To Fund A Pet Trust
Can I use a bank account to fund a pet trust for my dog, Cheyenne?
Judy Boulder, Colorado
Judy, you may specify a bank account, savings or money market account, an annuity, an IRA, a payable on death bank account or other form of contractual agreement to fund a pet trust.
Of course, one of the most common forms of funding is through the purchase of a life insurance policy.
You should consult with your attorney, insurance broker, commodity broker or banker to correctly determine the name that should be placed on these accounts for the benefit of the trustee and Cheyenne.
Rescue Group Supports Connecticut Pet Trust Legislation
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.
Have A Great Holiday Weekend
Have a safe and enjoyable holiday weekend with your friends and family.
Keep the chocolate bunnies and eggs away from your pets!
Are Pet Sitters Licensed?
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.
What Is An "In Terrorem" Clause In A Will?
I spoke with a dog owner yesterday about some estate planning for her Boxer named Molly.
Molly’s owner, Mandy, told me that her only relative is a brother that she has not spoken with for years, and she is sure that no matter how she provides for Molly in her will, that the brother will contest the matter in the courts and try to take the money set aside for Molly.
We discussed the option of establishing a trust for Molly, but Mandy was not interested in that avenue.
I then suggested that the will could include an "in terrorem" clause.
“My brother may be a bad person, but he is certainly no terrorist,” exclaimed Mandy.
I smiled and explained that an "in terrorem” clause provides that if a person unsuccessfully challenges a provision in a will, then the challenger cannot receive any property under any other provision of the will.
So, if a court finds that Mandy’s will is otherwise valid, the clause providing monies for the care of Molly will be upheld, despite the protests of her brother.
Mandy’s desire to take care of her dog will be fulfilled.
You Can Help Provide Daily Food for Rescued Animals
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.
Additional Comments on Proposed Pet Trust Legislation In Connecticut
I recently posted a story concerning proposed new legislation for a statutory Pet Trust in the state of Connecticut.
I continue to receive responses from readers that are both for and against the bill.
Here is one of the recent responses.
"Pets have been proven to have positive mental and physical health benefits for the elderly. But often senior citizens forgo this benefit for fear their pets will be killed upon the owner's death. Pet trusts give peace of mind to the elderly and also help reduce the number of homeless animals. Getting old is hard enough. Why deny this comfort to the elderly? Maybe those who disagree are greedy relatives who hope to get something for nothing."
What do you think?
We will post your thoughts and attitudes as they are received.
How Much Money Is Needed To Fund A Pet trust?
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.
You Need a Power of Attorney For Your Pet
I recently had a call from a client regarding the preparation of a power of attorney for her cat, Cecelia.
I have written before on the benefits of a power of attorney for your pet.
If your pet is boarded or being kept by a friend when you are away, the power of attorney provides for emergency decisions for medical treatment and other needs.
in the event that you cannot be contacted in a timely manner, this simple document is legal and binding and may well be a lifesaver for your pet.
Consider preparing a power of attorney for your pet and appoint a trusted friend, family member or even your local vet as the agent.
Check Out FloridaPets.net !
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.
Pet Trusts in Tough Times
Yesterday, a reader responded to a previous post that had expressed opposition to the newly offered statutory pet trust in the state of Connecticut.
The new response to the legislation is below:
"The economy is a major reason why people should be worrying about things like the care of their pets after they are gone. If everyone else is hurting financially then they cannot depend on friends and family to just willingly care for their animals. As I understand it, a pet trust will pay for the care of the animal instead of adding an additional burden on another person. Whether or not the statute is a priority at this time. It needs to be done. It is part of the whole picture."
Let us know your thoughts on this subject…do these tough economic times change your comfort level for your pet’s future?
Reader Opposes Pet Trust Legislation in Connecticut
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.
New Jersey Court Rules On Pet Custody
Doreen Houseman and Eric Dane lived together for over 13 years. They bought a house, became engaged and then purchased a pug named Dexter.
Then like many couples do, they split.
Their oral agreement was that Dexter would go with Doreen when she left the residence.
After one occasion when Eric was taking care of the pug, he refused to return the dog to Doreen.
When she sued for specific performance*, the lower court denied her claim and instead, awarded her $1,500.00 or the original purchase price of the pug.
On appeal, the New Jersey court reversed the lower ruling and wrote that Doreen would have the right to pursue specific performance for the return of her dog.
In reaching its decision, the Court relied on case law that recognizes that animals have a subjective value to their owners. This value is more than the purchase price or replacement cost.
However, that same Court declined to adopt a best-interests-of-the-pet standard as urged by The Animal Legal Defense Fund in the case.
I have seen cases where a guardian has been appointed for animals and custody cases involving dissolutions where pets are involved, in fact, I wrote about one custody case in North Carolina,just last month.
And although I am aware of at leaset one case involving a pet dispute and a writ of replevin, I believe that this is one of the few cases where specific performance is involved.
*Specific performance is a specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party. If a legal remedy will put the injured party in the position he or she would have enjoyed had the contract been fully performed, then the court will use that option instead. The most common reason courts grant specific performance is that the subject of the contract is unique. When a contract is for the sale of a unique property, mere money damages will not remedy the purchaser's situation.
Connecticut Is The Latest State to Propose a Statutory Pet Trust
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.
What Happens When the Pet Trust Goes Bust?
What happens if the money that I set aside for my dog Lenny in a pet trust runs out before Lenny dies? Does the Trustee or Caregiver have to pay monies out of their own pocket?
Gina Las Vegas, Nevada
If that happens, Lenny will probably, unfortunately be turned over to a pet organization or euthanized, unless someone volunteers to adopt him.
Fortunately, at least, the trustee or caregiver would not be obligated to pay for any of Lenny’s expenses. An adequately funded trust will avoid this problem.
What Do You Think Of Renting A Pet?
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.
What Is An Inter Vivos Pet Trust?
After a recent tennis match, my partner asked me to describe the difference between a testamentary and an inter vivos trust.
I thought that was a strange request at that time and I inquired as to his interest. Jeff said that he was contemplating a trust for his horses and had read about the two different trust types.
I explained that the testamentary trust is created in the last will of the animal owner, springs out of, and only becomes effective upon the death of the owner.
The inter vivos trust, on the other hand, takes effect immediately and thus will be in operation prior to and when the owner dies. This type of trust can avoid all of the delay between the owner's death and the probating of the will and subsequent functioning of the trust. It is also effective in emergency or temporary situations.
Instant money may be available to provide for all of the need of your pets.
In addition, the inter vivos trust can be easily amended or changed.
The downside of the inter vivos trust is generally that is it is more costly and takes longer to prepare than the traditional trust that is included as the normal process in the estate plan.
Maryland Legislature Tries Pet Trust Again
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.
Newspaper Written Memorial for a Beloved Pet
We have noted the various ways and to what extent that owners will go to in an effort to provide for their pets.
We have studied:
Pet Trusts
Pet Powers of Attorney
Burial Services for Pets
Crypts, Vaults and Coffins for Pets
Specific Baths and Showers in homes for Pets
Airline Service for Pets
Cloning of Pets
Retirement Homes for Pets
Lemon Laws for Pets
Life Insurance for Pets
Health Insurance for Pets
Pet Sitting and Walking
Animal Sanctuaries
In addition to, of course, all manners of Toys, Food and Medical Treatment for Pets.
I have now seen another move forward in the treatment of pets.
More like a family member, not just an animal.
A written memorial for Nellie Wheeler, a 14 year old Best Friend and Constant Companion, of one Taylor Wheeler, along with a photo of the deceased pet, was recently placed in the Naples Daily News.
Nellie, who died on February 19, was honored as follows:
“Loyalty and Unconditional Love are a true gift that my son was fortunate to experience. Thanks Nellie.”
This is a first for me, but I assume that it will not be the last.
Military Power of Attorney For Pets
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
This Website is Full of Useful Pet Information
I recently came across a site that is new to me called JustOneMorePet.com.
The stated mission of JustOneMorePet is;
"Our goal is to raise awareness and help find homes for all pets and animals that need one by helping to match them with loving families and positive situations. Our goal is also to help fight the trend of unfavorable legislation and rules in an attempt to stop unnecessary Euthenization!!"
Although the crux of the site deals with adoptions for unwanted poets, it has a widespread base of information on all animals and their treatment.
They also follow and provide updates on pending and suggested legislation concerning animals in the various states.
Visit their site and see what information you can obtain that will help your and your pets.
Etiquette Rules For Traveling With Your Pets
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.
Custody Dispute Over Pets in Divorce
I have previously written about cases involving the custody of pets and their owners undergoing divorce procedures.
A recent article in the Asheville Citizen-Times of North Carolina, reiterated that there would be more and more of these disputes being played out in the courtroom.
The issue of custody of a pet is not to be taken lightly as most pet owners treat their pets the same as, or in some circumstances, better than they would a child.
Many times in a divorce, the custody issue of children is resolved via a shared custody arrangement.
Kim Brophey is a pet behavior consultant in Asheville and addressed the issue of possible joint custody between owners,
“Change is not a dog's friend, going back and forth is not cool. Dogs like routine and predictability, and the whole back-and-forth thing is very stressful and can create a lot of behavior problems."
The bottom line is that, just like custody disputes for children, the best interest of the pet should be the controlling factor in the agreement of the parties or the decision of the court.
You can read the entire article by Barbara Blake here.
Amendments to Maryland's Pet Lemon Law?
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?
This Week is Florida Week For The Animals
Florida Governor Charles Crist has declared this week to be The Florida Week for The Animals.
The Animal Law Coalition is the sponsor of this statewide celebration of events that are scheduled to raise the awareness of animal care, shelters and animal rights.
Animal World USA Weeks for the Animals campaign begins with Florida, and the Weeks for the Animals National Campaign Manager Patricia Haddock stated:
"We are overwhelmed at the response Florida has demonstrated in coming together for the greater good. We are very grateful for Governor Crist for proclaiming the week which lends added significance."
You can participate in all of the activities throughout the Sunshine state.
The official website for Florida Animal Week is located here and has the full slate of scheduled activities.
Go out, participate with your pets and enjoy if you live or are vacationing the Florida.
More Good Reasons to Have a Pet Trust
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.
A Good Checklist for Boarding Your Pets
I try to offer some good tips for pet owners regarding estate and emergency planning for their pets.
I also like to pass along information received from others.
Sharon Harleigh writes an article in the LA Pet Examiner that provides some valuable information if you choose to board your pet with a professional organization.
Ms. Harleigh writes that sometimes the return home with your pet can be a very unsettling situation for the both of you.
She suggests a number of guidelines for a checklist to follow before you board your pet, including the following;
"1) Interview the boarding facility you plan to use. Make a drop by visit, and check the place out. Ask for references, and follow up on those references. Does the place seem clean? Do the other dogs seem healthy and cared for?
2) Ask around, and find a pet boarding facility that is vouched for by friends or relatives. If you trust their judgment, they probably can guide you to a great place which will treat your pet right.
3) Make sure to find out the boarding facilities requirements well before you travel. Is your dog up to date with shots? Do they have their tags? Some facilities want to "interview" your dog to see how he or she will get along with the other pets at the facility. Make sure to give yourself plenty of time to meet these requirements so you don't stress yourself (and, in turn, your pet) prior to travel."
You can review the rest of her suggestions here.
The decision to board your pet while you are on an extended visit is not an easy one.
If you utilize these tips, the decision can be less painful for you and your pets.
Florida Recognizes CLE Class-Estate Planning For Animal Owners
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.
California Is the Latest State to Try to Tax Your Pets
Everyone is in an economic crunch.
Unfortunately, this is not news and is not unique to any one individual, company or geographic region.
California Governor Arnold Schwarzenegger wants to try to relieve some of his state’s economic burden and place it on you and your pets.
The Governor wants to legislate a 9 percent tax on all veterinary services, including medications, to help solve the state budget problems.
Generally, non-essential or luxury services are subject to this tax, and Schwarzenegger wants these pet services reclassified.
Since many, more families are already abandoning their household pets, due to their declining incomes and loss of jobs, this additional monetary burden is just not a good idea.
Currently Hawaii, New Mexico and South Dakota tax these types of services.
Is your state next up for this proposal?
Changing Monetary Evaluations for your Pet
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.
You Cannot Leave Cash To Your Pet
Why do I need to go to the expense of establishing a pet trust for my cat Erica? I should be able to just leave her X amount of dollars in my will. Right?
Betty Lou Pine Island, FL
Betty Lou, the answer to your question is very simple.
Although the attitudes of judges and juries in many states are slowly changing, the basic law is still that your pet is a piece of personal property.
Therefore, since Erica is still legally personal property, it is clear that personal property cannot own other personal property.
If you tried to give cash directly to Erica the result would be a legal impossibility and the gift would therefor be void.
Bob Barker Donates One Million Dollars for Animals
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.
Support Your Local No Kill Shelter
My daughter who lives in Ft. Worth found a starving young female dog a week ago Friday. After much loving attention and care, she had no option but to take her to the North Texas Humane Society, after being assured that "Hope" would not be euthanised without FIRST contanting my daughter. This was not the case. Within less 12 hours, this sweet dog was put down. One of the reasons given was that "Large, black & white dogs are hard to place." Our whole family is mourning the death of Hope. My daughter had found a good home for her and attempted to return to the Humane Society to go through the adoption process, but it was too late. Is there any Texas law that states the amount of time an animal can be kept before being put to death? Hope spent a week being around a one year old and a two year old, without ever showing any signs of aggression. She also allowed my daughter to handle her food while she was eating. This act on the part of Ft. Worth's shelter was inhumane and cruel. Please give me some advice about what steps we could take to spare another animal from being killed so quickly.
Thank you.
Sincerely, Susan Hildebrand
Susan, the process will vary from state to state and even within the state based on various local and county regulations.
I contacted the North Texas Humane Society and this is their response to your inquiry:
"The Humane Society of North Texas is the only open door shelter left in North Texas, that means we never turn away any animal in need. Sadly because of the volume of unwanted animals in our community, we cannot be both an open door shelter and a no kill shelter since no matter how hard we try the number of people coming to adopt is nowhere close to the number wanting to get rid of pets.
We hold all found animals for a minimum of three days in our lost and found area to give owners a chance to reclaim them, unless the animal is so ill or injured that holding it would cause too great suffering. On owner released animals decisions are made immediately as to whether an animal will make our adoption program. Decisions are based on temperament, health and on space available in the adoption area. Animal not selected for adoption can be euthanized the same day.
Everyone releasing an animal to us signs a release stating that euthanasia is a possibility and can be immediate, though many prefer not to know. We wish that we could find loving homes for each and every surrendered pet, sadly our community produces more pets than available homes so until more people spay and neuter and treat pets as a lifetime commitment, euthanasia will continue to be a painful fact of life."
Humane Society of North Texas Southwest Adoption Center
I am not sure if this is an answer to your question.
I suggest you contact them directly for further clarification of their policies.
This is another reason to support your local “no-kill” shelter.
Financial Assistance for Pet Owners
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.
Your Pet Trust Needs Liability Insurance
When you set up your Pet Trust, you need to consider the total amount of money that you will need to adequately fund the trust.
This will include calculations for yearly food, supplies and veternarian bills.
Alternatively, there may be costs for boarding, for pet insurance or to pay the caregiver or the Trustee.
Do not forget the possible costs of liability insurance.
This insurance should be purchased by the Trustee to protect the Trust assets, the Trustee, and the caretaker from potential liability for money damages that may be caused by your pet.
Whether accidental or by design, your pet may cause harm to property or to individuals.
Plan ahead and protect the Trust that you have established to protect your pet.
Give Your Pet Caregiver Some Guidance
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.
What Happens to My Cat When I Die?
What happens to my cat Alexandra, if I die without any written provisions for her?
Albert Wolf Point, Montana
Albert, in Montana, as in most states, pets are generally treated the same as other personal property.
If you die without a will (intestate) or an appropriate trust, your property will pass according to the state statutes.
That means that Alexandra will go to your heirs (spouse, children or others) as the law directs.
You will have no decision or control in the matter as to who takes care of your cat.
A will provision or a trust can eliminate these problems, as you can name the individual that you want to take care of your cat, when you are unable to do so.
Contact your attorney and they can assist you with this document preparation.
Add a Pet Trust to Your Estate Planning
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.
What is The Value of a Pet Dog In Illinois?
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A recent decision by an Illinois Appeals Court once again focused on the value of a pet to its owners.
Is it merely personal property?
Or something more?
Mindy Leith found the neighbor’s dog viciously attacking her pet dachshund, Molly.
As a result of the attack, Molly suffered severe injuries and after extensive medical services, the veterinarian bill exceeded $4,700.00.
The Leiths sued their neighbors for a recovery of the bills and the Circuit Court ruled that the actual value of Molly, a seven-year-old dachshund, was only $200.00.
Upon appeal, to the Fourth Circuit Court of Appeals in Springfield, Justice Thomas Appleton wrote, that the Leiths “demonstrated how much Molly is worth to them by paying $4,784 for the dog’s veterinary care”, and awarded them the full award of the bills that they had paid.
Reporter Dave Bakke of the State Journal-Register of Springfield, Illinois has more on this incident here.
This question of the value of a pet will continue to evolve and be debated in the public and within the courts.
Personal property or a family companion?
Choose Your Pet Caretaker Carefully
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.
Happy New Year
Happy New Year to you, your family and your pets.
I hope that you have a safe and prosperous 2009.
It seems that it should not take much for next year to be better than 2008.
New Airline To Offer Cabin Travel for Pets Only
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.
Merry Christmas and Happy Holidays!
Merry Christmas!
Happy Holidays!
The long weekend is upon us and I wish you well.
Travel safely.
Have an enjoyable time.
Share with your friends.
Relax.
May you receive exactly want you want from Santa.
Smile.
Laugh.
Eat too much.
Forget the economy for a short time; it will still be bad next week.
Hug your family and your pets.
Make Your Holiday Home Safe For Your Pets
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.
Microchip Did Not Save This Pet
I have written before about the need and usefulness of microchips for your pets, here and here.
They are used to assist you and others in identifying and locating lost pets.
Some times though, even common sense will not overcome this technological advancement.
A family in Naples, Florida recently lost their pet when a local veternarian failed, for whatever reason, to search and scan for a microchip when an an unidentifiable pet was presented to his facility.
The sad story is as follows:
"Katie's Story:
I was adopted by Maureen, Victor, Matthew and Jamie when I was 4 months old. I had a wonderful life. We traveled alot, went camping, boating, horseback riding and walking. Maureen and I could walk for miles together. My favorite was going for car rides! And I didn't care where we went. I met alot of friends along the way. I had a litter of 5 puppies, one looked just like me, her name was Minnie Me.
I was diagnosed with Breast Cancer when I was 7 yrs old, my Doctor's said I still had a long life ahead of me. I didn't even have to take medicine on a regular basis.
Maureen made sure I had a Microchip, OUCH! she said it would help me get home if I ever got lost.
Well, I did get lost, on 11/30/08, I wondered out of the back door, just to see who has been walking by! I was found shortly after by a Neighbor. They had 2 Black Labs. They took me in and the next day they took me to their Vet.
The Vet told them that I had Breast Cancer and Cataracts, but didn't check me for a MICROCHIP?? So, they took me back to their house.
I wish they would just call Maureen, I know she is looking for me!!
The next day they took me back to the Vet and they decided to put me to sleep!!
WAIT!!!! My Birthday is next month, I am going to be 14 yrs old! Jamie was 3yrs old when I met her, she is about to Graduate High School, I HAVE A MICROCHIP! Someone PLEASE scan my Microchip! I want to go home to my family. They must be so worried about me!
Well, the Vet DID NOT scan my Microchip and they are going to Euthanize me. I just want to go home.
Maureen will tell the rest of the story........."
Unfortunately, Katie was euthanized less than 48 hour after she went missing from her home.
The family has now established a non-profit organization in Katie’s memory to improve the awareness of microchipping.
You can visit the site of Katie’s Story here and become involved with the organization if you desire.
We know that microchipping your pet is not infallible, but it is still a protective option that you should use.
More Pet Sitting Tips
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.
Triva Answers Provide for Shelter Animals
I recently stumbled across a new website.
Thus far, it appears to be legitimate.
A pet food manufacturer sponsors it, but in exchange for this consideration, they provide kibble to animal shelters.
All you need to do to assist is to answer a simple animal trivia question.
12-year-old Mimi Ausland, from Bend, Oregon, stated the site.
The site states that since its inception in April of this year, over 61 million pieces of kibble have been donated to eleven animal shelters throughout the United States.
Seem like a fun and simple way to assist animals in need.
You can go to the site once each day and do your part to contribute.
Check out the entire site here.
Let me know what you think.
Continuing Education for Professionals
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.
Does Nebraska Have a Pet Lemon Law?
After the article on lemon laws for pets, we had an inquiry from a reader of this blog, from the state of Nebraska, questioning whether the Cornhusker state had such a statute.
Our initial review of the state legislation indicates that, although Nebraska has a Pet Trust Statute and new legislation regarding the licensing of veterinarians, there is no applicable pet lemon law on the books.
Currently only a minority of the states have passed this specific type of legislation.
More Pet Sitter Tips
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.
Interview Your Potential Pet Sitter
As many of us will be way from home for short time periods, as well as on extended travel during the holiday periods, I recently wrote about some basic information that you should provide to your Pet Sitter, before you turn over your pet and leave your home.
According to their Mission statement, Pet Sitters International is dedicated to educating professional pet sitters and promoting, supporting and recognizing excellence in pet sitting.
They suggest that you carefully interview your potential Pet Sitter as cautiously as you would for a family member.
Among their suggestion are the following tips:
"Does the pet sitter (or agency) keep regular office hours?
A Professional pet sitter should have a schedule of office hours. A larger business may have additional personnel to answer phone calls or e-mails, but many pet sitters are sole proprietors who use answering machines to field inquiries.
If you left a message inquiring about services, how soon was it returned?
All phone calls should be returned within 24 hours.
How much notice does the pet sitter (or agency) need in order to schedule your request for a pet sitter?
Most pet sitters request at least two weeks notice, but may be able to accommodate an occasional short-notice assignment. Sometimes there is an additional charge for short-notice assignments.
Does the pet sitter (or agency) have established fees for pet care they can quote over the phone and/or in company literature?
A professional pet sitter should have a published list of fees that cover the most common pet-care requests. Fees for special services may be worked out on a case-by-case basis.
Is the pet sitter bonded and insured?
Ask for proof of coverage. PSI members have access to group rates on policies specifically for pet sitters and are provided insurance cards...."
We will provide some additional tips on this important issue next week.
Lemon Law For Your Pet
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.
Talk With Your Attorney
I was told by a lawyer (not my lawyer) that a pet trust and a living trust are one in the same. He said they both have the same provisions.
He said by slightly changing the words in a few paragraphs, 95% of the trust articles and the length of both trust are nearly the same.
I am writing to get your opinion, not to try and prove anyone wrong.
1. If the lawyer is correct, and I already have a living trust, could I use that same document as a template, and have my lawyer draw up a pet trust for my pet?
2. Do I need a living trust and a pet trust or can I amend my living trust to take care of my pet?
3. If I can protect my pet by adding an amendment to my trust, what would you charge to draw up the amendment?
4. Can I provide for the care of my pet in my durable power of attorney, or should I have a separate document for that?
Thanks
Billie
Billie, I am not trying to avoid any of your questions or issues, but I cannot begin to answer your inquiries.
Each individual’s estate plan, financial needs and family situation varies tremendously.
A living trust, a trust, a statutory pet trust and a common law trust are very different entities.
You should discuss all of these issues with your attorney after he or she has had the opportunity to secure the necessary information and background to give the proper advice and guidance.
Idle conversation with an attorney unfamiliar with your situation is like securing medical advice on how to set your own broken bone from the internet.
Prepare for Holiday Changes in Your Home
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.
Provide Basic Information for Your Pet Sitter
Many of you will be traveling for extended periods in the next few weeks with the holiday season fast approaching.
If you choose not to take your pets with you, the two logical choices for their care are the use of your veterinarian for boarding or a pet sitter.
You probably already have a set routine with your vet. He or she has all of your contact information and emergency numbers as well as a solid full background and history of your pet’s needs and desires.
However, the pet sitter may not readily have this information.
Generally, they will look to you for the specific instructions as for the care and well-being of our pet.
Be sure to provide at a minimum, the following information.
Your Name;
Your email address;
Your cell phone numbers;
Your travel plans and dates;
The name of the hotel or location you are visiting along with all local email, cell phone and facsimile information;
The name and address of your veterinarian;
The business and cell phone of your veterinarian;
Driving instructions to you veterinarian;
The name and number of a local personal contact for emergency purposes, and
An updated power of attorney for that local contact.
The list of necessary information could well include additional items, but at minimum, the above should be left with the sitter.
Financial Assistance for Pet Owners
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.
Why do I need a Pet Power of Attorney?
Why would I want to include a Power of Attorney in my estate planning for my lab, Fernando?
Betsy Sarasota, Florida
Betsy, in the event that you would be unable to provide for the care of Fernando, you could authorize an Agent to act on your behalf.
The Power of Attorney would allow the Agent to take emergency and temporary possession and custody of your dog and spend such amounts of your money as may be necessary for the health, care and welfare of Fernando.
The Power can also give the Agent the ability to pay for food, veterinary care or insurance, toys and other recreational activities, and temporary boarding and pet-sitting fees.
It can also specify that the Agent makes sure that Fernando receives the same standard of health, care, and welfare as you would normally provide.
When your emergency has ended, you can rescind the Power of Attorney and return to taking personal care of your pet.
It will only be used in an emergency and is for the protection of you and Fernando.
A win-win situation for all involved.
Managing the Loss of a Pet
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.
Internet Hunting is Ugly News
I recently had a query regarding Internet hunting.
I was unfamiliar with the phrase and I had to do a little research.
This is Internet hunting according to the State of Connecticut website, OLR Research Report,
"Internet hunting (also called cyber hunting or computer-assisted remote hunting) allows a person with an Internet connection to fire a rifle from virtually anywhere, killing real prey in “real time.” Supporters of the practice say it is a way to allow people with disabilities to enjoy the thrill of hunting. Critics say it is not hunting; it is killing and it violates the rules of “fair chase.” Internet hunting has been strongly criticized by the Humane Society of the United States (which calls it pay-per-view slaughter); pro-hunting groups, including the National Rifle Association; and animal rights advocates, among others.
At least 35 states, including all the New England states, but not Connecticut, have banned Internet hunting. Opponents are seeking a federal ban.
Internet hunting emerged as an issue in 2005 when a Texas businessman launched the website www. live-shot. com promoting the practice as “a real time on-line shooting experience. ”
For a $ 14. 95 monthly fee and deposit towards the cost of the animal he or she wished to kill, a subscriber with a high speed Internet connection could log on to the website at a scheduled time and, using a remote controlled . 22 caliber rifle with a webcam mounted on it, shoot animals at a private game farm in Texas. Employees at the farm would lure the animal the subscriber ordered to a feeding station within range of the rifle. When the animal approached, the subscriber used the computer mouse to line up the cross hairs and clicked the mouse to discharge the rifle. Employees at the farm finished the job if the hunter missed. (It appears, after visiting www. live-shot. com, that the remote hunting service is no longer offered. )
Is Internet hunting legal in your home state?
Sounds like an idea that all states should outlaw...
What Is the Cost of a Pet Trust?
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!
No Relief for Emotional Distress for Loss of A Pet
I recently received a phone call inquiry regarding the availability of money for emotional damages available to the owner of a pet. The call was made from a Connecticut resident.
This issue, as we have previously discussed, is very state specific.
At least one case in Connecticut has denied such a recovery.
In Pantelopoulos v. Pantelopoulos, 49 Conn.Supp. 209 (2005), the issue before the Court was the death of the family dog.
At the end of a not so friendly divorce proceeding, the wife left the residence and also left the husband’s dog alone without food or water.
The dog did not survive and the distraught ex-husband sued for damages for emotional distress for the death of his dog.
The Court, applying the laws of both New Jersey and Connecticut found:
1) In order to prevail in a case for intentional infliction of emotional distress, four elements must be established: 1) that the actor intended to inflict emotional distress or that he knew or should have known that emotional distress was the likely result of his conduct; 2) that the conduct was extreme and outrageous; 3) that the defendant’s conduct was the cause of the plaintiff’s distress; 4) that the emotional distress sustained by the plaintiff was severe. Whether a defendant’s conduct is sufficient to satisfy the requirement that it be extreme and outrageous is initially a question for the court to determine; only where reasonable minds disagree does it become an issue for the jury.
2) There is no authority which supports the plaintiff’s argument that New Jersey recognizes an intentional infliction of emotional distress claim for the loss of a pet.
3) There is no New Jersey precedent permitting a pet owner to recover non-economic damages when a pet is negligently injured or killed.
4) Connecticut common law has never recognized a right to sue an individual for intentional or negligent infliction of emotional distress resulting from injury to such property as a pet.
In this case, the Court denied all recovery for the death of the dog.
Hospice Care For Your Pets
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.
Lost Cremation Remains
Hi Danny...I was wondering if you could help me out. My Mother's dog was euthanized two years after she passed away. It was her wishes that he be cremated and placed with her. The vet clinic that had his body sent him to the wrong location and instead of getting his ashes back..he was cremated in mass and his remains are forever lost. Needless to say I am heartbroken.. I have filed a lawsuit and my attorney is a little at loss since he can't find any established civil cases regarding this issue. I'm trying to help find out anything that I can and was wondering if you may know of any cases or information that may be of help. Your reply would be greatly appreciated.
Thanks so much,
Name Withheld by Request
I have set up a time to speak with the counsel for this individual, but the answer to the question is generally fact and state law specific.
As we have discussed before, the attitude on whether pets are personal property or a part of the family vary widely throughout the various court jurisdictions.
Case results for actions for lost cremation remains, a body placed in to a wrong grave site or a totally empty grave site or the wrongful development of a former cemetery are totally non-uniform.
It is difficult, even when dealing with human problems such as this, to find a court that will grant money damages to the family.
General tort (civil action) law provides that there is no property right, in the strict sense or the ordinary use of the term, in the dead body of a human being.
Abuse of a cadaver is more a quasi-property right and that takes us back to the issue of animal versus human rights.
This is a very difficult, emotional and sensitive question that has no simple answer.