Military Power of Attorney for your Pet
We have discussed the basics of the use of a Power of Attorney for your pets.
These documents may be used immediately or have a springing (future event) use and may be established to be used on a temporary or permanent basis.
If you or a friend or relative are in the military, a Military Power of Attorney can be prepared that will provide for your pets while you are on active duty.
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.
In these times of world turmoil, war and uncertainty, it may seem alike a small detail, to take the time to prepare a Military Power of Attorney for a pet.
However, to some, their pets are their only or their closest family. They want and need to take the time to plan for their future if at all possible.
A gift of a Military Power of Attorney for a pet owner that you know would be a small thank you to them for their service to your country.
Pet Owners Can Be Responsible Tenants
I am in the process of moving to a new apartment. I know that you have written before about pet rules in condominium associations, can my landlord also place restrictions on me and my new best friend, my cat Abigail?
Chris, San Diego, California
Chris, we have written before, here, generally about rules and regulations that can be, and are usually imposed upon pet owners of condominiums.
Although case law in each state may vary, within reason the landlord can restrict and in some cases, even entirely prohibit, the occupation of condo, a single family residence or an apartment by a pet.
We have noted before that Hawaii is one of the more aggressive states with individuals advocating for animal owner’s rights.
The Hawaiian Humane Society, has an article that suggests that pet owners plan ahead for their moves and be proactive with their new landlords to alleviate potential problems with their animals.
Some of their suggestions are…
"...Make your request to have a pet to the individual or group who has the ultimate authority to grant you permission. Usually, this will be the owner of the house or apartment. The owner may, however, delegate the decision to a property manager or resident manager. Check to see if, in addition to your own landlord’s approval, you must also submit written request to the building’s board of directors or a pet committee.
Invite the landlord to “interview” your freshly groomed, well-behaved pet, possibly at your current home, to show that your pet has not caused any damage.
Provide your landlord with letters of references from previous landlords.
Responsible pet owners take good care of their pet’s health. Offer copies of health certificates showing that your pet’s vaccinations are up-to-date, and maintain an active flea and tick control program.
Have your pet spayed or neutered. An altered pet is less likely to create a nuisance.
Offer to sign a pet addendum to your rental agreement that makes you responsible for possible damage to property, injury to others, or any pest infestation caused by your pet.
Let the landlord know that you keep your cat inside and your dog under control at all times and that you understand the health and safety benefits of doing so.
If you are seeking a rental unit in a condominium, request a copy of the building’s house rules pertaining to pets. Let the landlord know that you will abide by the rules set for the broader community and respect the concerns of residents who do not own pets.
Once you obtain permission to have a pet, be sure to get it in writing. If your lease has a “no-pets” clause in it, simply getting verbal permission is not enough. The “no-pets” clause should be crossed out of the lease before you sign it and be sure it’s crossed out on the landlord’s copy, too..."
This list is by no means comprehensive, but it is certainly a good starting point for you and your prospective landlord to make sure that you are on the same page before you make a new move with your pet.
Be a responsible tenant and a responsible pet owner.
Use Door Signs for Emergency Pet Information
We try to discuss and address all issues of planning for the well being of your pets.
Estate Planning.
Emergency Powers of Attorney.
Caretaker and Trust arrangements.
Today, we remind you that your home is obviously also the home of your pets.
They deserve a safe haven as much as you.
But, you have the ability to plan and help yourself in an emergency situation and they do not.
One simple way to minimize emergency problems for you and your pets is the use of signage for your doors and windows.
These small signs act as both a warning and an alert for others.
They advise strangers entering your home that there are pets present inside.
And, in an emergency situation, as in the case of police or firefighters in your home, the signs can act as a direction arrow to increase safety measures.
In addition, these signs can contain emergency contact information for the pet owners, veterinarians, pet sitters and others.
Two free sources for this documentation are the Humane Society and PetPlace.com
You can go to these sites, download and print the stickers for free and then…use them.
Planning for you and your pets…everyday and emergency…it is a good idea.
Full Moon Drive Your Pets Crazy?
We have all heard the anecdotal stories from hospitals, news outlets and police reports stating that a full moon always brings the “crazies and loonies’ out of the woodwork.
We have even personally observed bizarre behavior and said, “Must be a full moon.”
Well, I recently came across a study completed by the American Veterinary Medical Association.
Although the report was originally published last year, I found it to be very interesting.
The study was completed by Raegan J. Wells, DVM; Juliet R. Gionfriddo, DVM, MS, DACVO; Timothy B. Hackett, DVM, MS, DACVECC; Steven V. Radecki, PhD Veterinary Medical Center, Department of Clinical Sciences, College of Veterinary Medicine and Biomedical Sciences, Colorado State University, Fort Collins, Colorado.
The purpose of the study was to determine the frequency of canine and feline emergency visits with respect to the lunar cycle.
The study was based upon the clinical records of 11,940 dogs and cats that were evaluated on an emergency basis during an 11-year period.
The emergency types were categorized as animal bite, cardiac arrest, epilepsy, ophthalmic, gastric dilatation-volvulus (a twisting of the digestive tract that leads to partial or complete obstruction and a reduction in blood supply), trauma, multiple diseases, neoplasia (the formation or existence of tumors) or toxicosis (the harmful effects of a poison, including any disease).
The results were…
“Of 11,940 cases, 9,407 were canine and 2,533 were feline. Relative risk calculations identified a significant increase in emergencies for dogs and cats on fuller moon days (waxing gibbous to waning gibbous), compared with all other days.”
The study went on to report…
“The results suggested that more emergency room visits occurred on fuller moon days for dogs and cats. It is unlikely that an attending clinician would notice the fractional increase in visits (0.59 and 0.13 more canine and feline visits, respectively) observed in this study at a facility with a low caseload. If the study is repeated at a facility with a robust emergency caseload, these results may lead to reorganization of staffing on fuller moon dates.”
So the next time that your dog howls, without any obvious reason, at the full moon, maybe it is more than a coincidence.
Lunar cycle effects causing injury or illness to your pets?
Who knew?
Maybe we need to watch our pets a little more carefully during a full moon.
I dunno…can’t hurt, can it?
Support Your Local No-Kill Animal Shelter
I had the pleasure this past week of meeting with Mr. Andy Reed, the Director of Development for The Humane Society of Naples.
Over a cup of coffee, we discussed the challenges of his organization and others like his, in a similar position, during these times of uncertainty and the apparently declining economic climate.
Andy pointed out that the vast majority of funds that come into the shelter are from private individuals and animal lovers in general.
“We are very pleased that The Humane Society of Naples is Collier County’s only physical no-kill animal shelter,” said Reed. “We do our best to work with owners and prospective adoptees to place the animals that we receive in a good and safe environment.”
Reed said that they have established a “Remaining Best Friends” Program at The Naples Humane Society.
Andy and this staff will work with families, their financial advisers and their estate planning attorneys to help guide and shape the future of their pets.
Reed suggest to all animal owners, that they follow at least three simple steps for their pet's future;
Set up a plan for an emergency caregiver for pets using the appropriate legal documentation and instructions for necessary care.
Use a will to properly provide for the long term care of pets after the owners are no longer around to do so.
Set up a Pet Trust that can be used for the pet if the owner becomes incapacitated or ill during their lifetime.
Northern Trust recently published a survey of wealthy families. In Wealth in America 2008, Findings from a Survey of Millionaire Households, they reported that charitable giving among families with $10,000,000.00 to invest decreased dramatically from 2005 to 2006.
Many individuals (42%), not surprisingly, reported in the survey that they supported causes in which they personally believed.
The survey also reported that 60% of those families would eventually give 10% or less of their estate assets to charities. One-half of that same group plans on no charitable bequests at all, from their estate assets.
Reed told me that approximately 30 to 40 % of the private support for his shelter comes as gifts from estates.
Your monetary support is invaluable to animal shelters.
Your monetary support is absolutely necessary to maintain animal shelters.
We often outline the vital components of estate planning for your pets, here and here.
You will need to choose a beneficiary who will receive any remaining funds that are not used by the Pet Trust.
If you designate an animal shelter as that alternate beneficiary, you can be sure that you provide the necessary care and protection for the well being of your pet and, just maybe, leave a legacy as well.
Burial, Cremation or Alkaline Hydrolysis for Your Pet?
We have discussed before, here, that one issue to consider as a key component of your Pet Trust drafting is the final disposition of your pet.
After you are long gone, eventually your pet will also die and someone or some entity will be responsible for following the final directives that you have set out in your Pet Trust or will.
We usually talk about two options after death; burial or cremation.
However, recently the web is a buzz about a new option…dissolving bodies in lye and flushing the brownish, syrupy residue down a drain.
BioSAFE Engineering LLC, located in the small town of Brownsburg, Indiana, is producing cylinders for a process called alkaline hydrolysis.
According to the BioSAFE website…
...Alkaline hydrolysis is a process of an elevated temperature and pressure to convert the proteins, nucleic acids, and lipids of all cells and tissues, as well as infectious microorganisms, to a sterile aqueous solution of small peptides, amino acids, sugars, soaps, and electrolytes. The alkali itself is consumed in the process by generating the salts of the hydrolysis products. The only byproducts of the process are the mineral constituents (ash) of the bones and teeth of vertebrates. These are soft enough after the organic matter has been degraded to be easily crushed (even by bare hands) and recovered as calcium phosphate powder (sterile bone meal).
The WR2 Tissue Digestor™ consists of an insulated stainless steel pressure vessel with a manually or hydraulically clamped lid. The unit is supplied with a basket to contain bone remnants. All wetted parts are 316-L stainless steel alloy, and all vessels are ASME pressure rated and certified. All electrical components are built according to NEMA standards. The system is fully automated; allowing unattended operation after the unit is loaded...
What does this mean?
The equipment that they manufacture provides the access for a process that converts animal, human, and microbial tissues into a sterile, neutral, aqueous solution suitable for disposal to a sanitary sewer.
Apparently the time and cost for this procedure depends on the size and weight of the human or animal being processed.
The Associated Press recently reported in a story by reporter Norma Love that
..."No funeral homes in the U.S. — or anywhere else in the world, as far as the equipment manufacturer knows — offer it. In fact, only two U.S. medical centers use it on human bodies, and only on cadavers donated for research.
But because of its environmental advantages, some in the funeral industry say it could someday rival burial and cremation.
"It's not often that a truly game-changing technology comes along in the funeral service," the newsletter Funeral Service Insider said in September. But "we might have gotten a hold of one."
Currently, only the states of Minnesota and New Hampshire have legalized this process for humans.
Apparently, some 40 to 50 facilities use the cylinders developed by BioSAFE on human medical waste, animal carcasses or both. The users include veterinary schools, universities, such as the University of Florida (for cadavers) pharmaceutical companies and even the U.S. government.
The liquid residue from human tissue and animal carcasses can simple be poured down the drain.
I am not, in any manner, advocating the use of the process.
The thought of pouring my pet down the drain is a little appalling.
However, many people retain the ashes from a cremation of both humans and pets and place them on the mantle or a shelf.
I am not sure how much different this would be…a little decorative bottle, rather than an urn.
I don’t know…
It is your choice.
I am just presenting another viable option for your consideration.
Estate planning for your pet. Think about it, discuss it, make some decisions and then act on your plan.
Pet Value Issue is Raised Again
The Associated Press reported a story that once again touches on the value of a pet to its owner and family.
Is it only personal property, as originally defined by the courts and the legislatures?
Only an object, like a chair, a book or a car radiator?
Certainly not to the owner of the pet.
But, as the law slowly continues to evolve, as we have noted here and here, the only recourse for a distressed pet owner may be for the dollar value and not the emotional value of the loss.
In Duluth ,Minnesota, the driver of a 1997 Honda Civic that struck and killed a dog near Cloquet is suing the dog's owners for damage done to his vehicle.
According to the reported story,
“Jeffery Ely was driving on the night of Jan. 4 when Fester, a miniature pinscher, squeezed past owner Nikki Munthe as she was letting in her other dog and ran out onto the road. Ely's car struck Fester, killing the 13-pound dog instantly.
Now Ely is suing the Munthes for about $1,100 for damage to his car, time he had to take off from his two jobs to get the car repaired, and court fees.
Pieces of the bumper were propelled into the radiator when it hit the dog, Ely said, necessitating a replacement. Ely maintains he didn't have problems driving until after the accident and that the radiator issues were not pre-existing.
Ely said he feels sorry for the Munthes' loss but, as a dog owner himself, feels that they must be responsible for their pets' actions.
"I have complete compassion for them," Ely said. "I know how it feels. I love dogs. But once you get them, they are your responsibility."
The story further provides that the pet owners have filed a $2,400.00 countersuit against Ely for the cost to buy Fester, the time they had to take off work for court appearances, and the cost of buying a dog to replace Fester.
Clearly as the owners, their loss far exceeds the dollar property value of their pet and any replacement. However most state laws still restrict their ability to be fully compensated.
It remains to be seen if there are other legal issues to be raised in this case. Is there a local leash law and if so, was it followed, where did the accident occur in the roadway, was the driver distracted or inattentive or was this simply an unfortunate accident?
We will try to follow up with this case and advise.
Meanwhile, you are responsible for your pets and their future.
Accidents will happen, but obey the local laws for your pets.
Protect them.
Plan for their future.
Remember Mr. Ely’s comments… once you get them, they are your responsibility.
No Pet Trusts in Connecticut
I live in Barkhamsted, Connecticut and have a two year old Otterhound named Oscar. Can you tell me if my state recognizes pet trusts?
Kacey
Kacey, we went straight to the source on this one.
According to Sandra Norman-Eady, Chief Attorney, during the 2005 regular session of the Connecticut General Assembly, an Act Concerning the Creation of Trusts for the Care of Domestic Animals, was introduced to the legislature.
“The bill authorized trusts for the care of domestic animals that are alive when the person who created the trust dies. It allowed a natural person, corporation, limited liability company, trust, partnership, incorporated or unincorporated association, or any other legal entity to be selected as trustee.
Under the bill, the trust would have terminated on the earlier of the following occurrences: (1) when the animal died, or if the trust was created to provide for the care of more than one animal, when the last surviving animal died; or (2) 90 years after its creation.
A person appointed in the trust could enforce it. If no one was named, the bill allowed a court to appoint someone to enforce it. It allowed a person having an interest in the animal's welfare to ask the court to appoint a person to enforce the trust or to remove a person appointed.
The bill specified that trust property authorized to care for an animal could be applied only for its intended use, except to the extent the court determined that the trust's value exceeded the amount required for the intended use. Except as otherwise provided in the trust, property not required for the intended use had to be distributed to the settlor, if living. (A settlor is the person who creates a trust and transfers property to it. ) Otherwise, it had to be distributed to the settlor's successors in interest. The bill permitted a trustee to be designated as the person who received the trust assets when the animal the trust benefits died.
The bill was referred to and voted out of the Judiciary Committee. However, it ultimately died in the Judiciary Committee upon recommitment by the Senate.”
No additional legislation has been passed in this area.
Therefore, Connecticut remains in the minority as one of only eleven states that does not recognize a statutory pet trust.
We have written before however, here , that you can still provide for your pet's future with an inter vivos trust or with a will provision in your current estate plan.
Contact your legislators if your want Connecticut to join the main stream of thought in this area.
With or without a statutory pet trust, you can do estate planning for your pets.
It is the responsible thing to do.
Fleas Are No Small Problem
We were on the BART train, underground in a tunnel, in San Francisco, when the dreaded “call missed” message appeared on the cell phone.
It was dreaded because the number indicated that the call was from our friends down the block at home, who were taking care of our dog, Anna, while we were away for a long weekend wedding.
As it turned out, the host dog had just been diagnosed and treated for fleas and the Vet had suggested that we needed to treat Anna as well.
All in all, a bad call, but not life threatening.
Or was it?
While not all areas of the country are faced with this tiny problem, we soon found that fleas feed on animal blood, more frequently in cats and dogs and can trigger problems including skin irritation, tapeworm, allergic reactions, anemia, the plague, typhus and in rare cases, death.
Jean Sanders of whowhatwherewhenwhy.com explains the basic problem with fleas and the inability to stop them…
"Fleas are probably the most successful creatures on the planet in terms of reproduction. There are over 2,400 species and they are difficult to control for a variety of reasons: One female flea will produce 25,000 offspring in one month. An unfed adult can live for several months. The chemicals used to eradicate adult dog fleas have no effect on the eggs. Fleas are very good at mutating to resist new pesticides.
Fleas are a menace to dogs! They cause allergic dermatitis, tapeworms, and anemia. Most of the eggs are not laid on the dog but in the dog's bedding, in the rug, and on the furniture. It is extremely difficult to eradicate fleas completely. The most you can hope for is to control them and to keep your dog reasonably comfortable during the warm, moist flea season."
There are numerous commercial products sold to pet owners to control fleas.
Generally speaking, these products may or may not be effective to control these insects.
Many pet owners use garlic or brewers yeast to attempt a more natural approach to the problem of infestation. Although again, their success rate is merely antidotal.
More frequent doggie baths are also recommended.
In any case, a seemingly mild case of irritation can eventually turn deadly if not properly and quickly treated.
In this case, estate planning for your pets includes seeking the necessary medical treatment plan from your Vet at the first sign of any flea problem.
Do not assume that the issue will simply resolve itself.
Remember, you are responsible for your pet.
Plan accordingly…
Rules and Regulations--Pets and Condos
Besides companionship and affection, many authorities cite medical benefits, as an added feature, that animal owners can derive from living with their pets.
The Center for Disease Control (CDC) states;
“…Most households in the United States have at least one pet. Why do people have pets? There are many reasons. Some of the health benefits of pets are listed below.
Pets can decrease your:
Blood pressure
Cholesterol levels
Triglyceride levels
Feelings of loneliness
Pets can increase your:
Opportunities for exercise and outdoor activities
Opportunities for socialization
Many groups support the health benefits of pet ownership. You can learn more about the health benefits of pets and how to keep your pets healthy by visiting the following sites…”
However, many pet lovers do not live in a single family residence, but reside, or want to, in a condominium community.
They may have lost a spouse, want to downsize their living space or simply no longer wish to keep up the regular tasks associated with home ownership including lawn care, pool treatment or regular maintenance duties.
But many pet owners have discovered that most, if not all, condominium associations either totally ban or severely restrict the ability to have a pet.
Although many pet groups are attempting to change the laws in their state regarding the restriction for pets in condo communities, currently California is one of the leaders in this legislation.
In effect since January 2001, the law now provides that no governing documents shall prohibit the owner of a separate interest within a common interest development (co-op, condominium etc.) from keeping at least one pet within the common interest development, subject to reasonable rules and regulations of the association. This section may not be construed to affect any other rights provided by law to an owner of a separate interest to keep a pet within the development.
A pet is defined as any domesticated bird, cat, dog, aquatic animal kept within an aquarium, or other animal as agreed to between the association and the homeowner.
In addition, if the association implements a rule or regulation restricting the number of pets an owner may keep, the new rule or regulation shall not apply to prohibit an owner from continuing to keep any pet that the owner currently keeps in his or her separate interest if the pet otherwise conforms with the previous rules or regulations relating to pets.
Governing documents include, but are not limited to, the conditions, covenants, and restrictions of the common interest development, and the bylaws, rules, and regulations of the association.
If you are a pet owner and considering a move into a condominium community, make sure that you carefully review the Declarations and Restrictions that govern the community as well as the Rules and Regulation of the association as they may affect your pet ownership.
You certainly do not want to enter into a purchase agreement and then find that your pet cannot move with you.
You should also check your respective state legislature for proposed or pending legislation regarding these restrictions and become involved to change the laws if you so desire.
Remember, be proactive, provide and plan for your pet’s future.
No Pet Trust In Delaware?
Although pet lovers in Delaware have been trying for over five years, the legislature has consistently failed to pass a Statutory Pet Trust in that jurisdiction.
Nevertheless, pet owners in Delaware are not out of options in the event that they want to provide estate planning for their pets.
Professor Gerry W. Beyer is a faculty member of the Texas Tech University School of Law. Professor Beyer is an invaluable source and resource for all involved in the field of estate planning for animal owners. His website is full of updated information regarding this area.
A prolific author and public speaker, Dr. Beyer writes that the “traditional pet trust” is effective in all states, even those without the Statutory Pet Trust.
According to Professor Beyer,” Many pet owners will prefer the traditional pet trust because it provides the pet owner with the ability to have tremendous control over the pet’s care. For example, you may specify who manages the property (the trustee), the pet’s caregiver (the beneficiary), what type of expenses relating to the pet the trustee will pay, the type of care the animal will receive, what happens if the beneficiary can no longer care for the animal, and the disposition of the pet after the pet dies.”
If you live in a state that has not authorized a specific Statutory Pet Trust, you can still plan to provide for the care of your pets with the preparation of the correct legal documents. There are alternate methods that will be accepted and approved by the courts.
College in the Future for your Pet?
One alternative to the use of a Pet Trust is to make a bequest in your will to support a specific college or university in exchange for the care of your pet.
The School of Veterinary at Purdue University in Lafayette, Indiana has developed a complete program that is called the “Peace of Mind “program for pet owners.
In exchange for the monetary bequest, the school will agree to work with agencies and veterinarians in their area to ensure a new home for your pet and also provide for the necessary medical costs and needs for the lifetime of the animal. There is also continued monitoring with follow-up with the new owners of your pet and their veternarian.
The program will work with your attorney to make sure that the appropriate clause is included in your will for estate planning purposes and to make the necessary arrangements upon the death of the owner.
The School states that the Peace of Mind program helps the School fulfill its mission of addressing the health care needs of animals and educating future veterinarians. This purpose is accomplished through the treatment of patients in their Veterinary Teaching Hospital; education of the veterinary team; and scientific investigation of animal diseases -- their causes, treatments and cures. See the program specifics, here.
The downside, if any, to this program is the expense.
Purdue requests a charitable contribution to the School in the amount of $25,000.00 for each pet.
At least it is tax deductible and you won’t be around to complain.
Yes Virginia, there is a state Pet Trust
Does Virginia have pet a trust law? I am concerned about my little dog, Alice, who is an Affenpinscher.
Maybelle, Manassas, Virginia
Yes, Virginia…sorry I could not resist…yes, Maybelle, Virginia does have a Pet Trust Statute. However, I have to admit that I knew that, but I had no idea what an Affenpinscher was until I looked it up.
The Animal Welfare League of Arlington Virginia reported that in 2006,
“Virginia proudly joined 37 other states with a pet trust statute. This means that Virginia is also a little late to the game, but at least now Virginians can rest assured that their furry friends will be taken care of in case something ever happens to the pet's guardian. Pet owners may now designate a caretaker for their pet(s) and a trustee who ensures that the money is spent on the pet. Previously, if a pet's guardian passed away and left money in their will to take care of the pet, anyone could contest the provision and the pet could find himself in the shelter -- no cash, no home, no guardian. This statute puts an end to this injustice."
In its 2005 Session, the Virginia General Assembly enacted Senate Bill 891, the Uniform Trust Code (“UTC”), with modifications.
It provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal.
The instrument creating the trust shall be liberally construed to bring the transfer within the scope of trusts governed by this section, to presume against the merely precatory or honorary nature of the disposition, and to carry out the general intent of the transferor.
A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court.
Except as ordered by a court or required by the trust instrument, no filing, report, registration, periodic accounting, separate maintenance of funds, appointment, or surety bond shall be required by reason of the existence of the fiduciary relationship of the trustee.
Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use.
Except as otherwise provided in the terms of the trust, property not required for the intended use shall be distributed to the settlor, if then living. If the settlor is deceased, such property shall be distributed pursuant to the residuary clause of the settlor's will if the trust for the animal was created in a preresiduary clause in the will or pursuant to the residuary provisions of the inter vivos trust if the trust for the animal was created in a preresiduary clause in the trust instrument; otherwise, such property shall be distributed to the settlor's successors in interest.
Those of you that are regular readers of this Blog will certainly note that the Virginia Pet Statute outline is very similar if not identical to other state Pet Statutes.
Euthanasia Battle for Pets Heats Up
The issue of euthanasia for unwanted or abandoned pets is the subject of a Newsweek story that is posted online this week.
The story focuses on the difference in philosophical beliefs of major animal rights groups including People for the Ethical Treatment of Animals (PETA), the Humane Society of the United States (Humane Society) and smaller, but vocal groups regarding euthanasia for pets, particularly at major shelters.
Some municipalities have enacted legislation for immediate or future no-kill goals for public and private shelters.
While this debate is not going to be quickly or easily resolved, we found some of the comments to the story to be very interesting and wanted to share some of them with you (the identification of the comments are self proclaimed and the comments are verbatim).
Tina Clark: Comment: “Please stop using the word "euthanasia" to describe the killing of healthy or treatable animals. Although it is common practice to use the word in this way, it is grossly incorrect. Webster defines euthanasia as "the act or practice of killing or permitting the death of hopelessly sick or injured individuals...in a relatively painless way for reasons of mercy." The vast majority of animals killed in so-called "shelters" and by PETA are neither hopelessy (sic) sick nor hopelessy (sic) injured. To use this word in this way perpetuates the idea that killing them is doing them a favor. It is not.”
RottieRuckus: Comment: “My area shelter, in a small city in New Hampshire, is a no-kill shelter. What that means for people looking to surrender less than desirable breeds of dogs (Pitts and Rotties, for instance) or older, big dogs is that the shelter refuses to take them. Until all the elements are assembled--readily available, affordable spay/neuter programs, buying only from COE breeders, or acquiring a dog from breed rescue groups or shelters, no-kill is a beautiful (sic) theory that fails in practicality.”
SharedThought: Comment: “One way to reduce animal euthenasia, (sic) would be to require that animals can only be sold to households licensed to buy them. Only households in which at least one adult member of the household has successfully completed a course about the proper care of animals, could be licensed. And, licensed households that fail to deal with animals responsibly, (sic) could lose both their animals and their license.”
CVHumane: Comment: “The final issue not talked about in this article, is the meshing of the "No Kill" with the spay/neuter emphasis. In addition to the ramping up of a volunteer corps and outreach programs, spay/neuter is very much a major component of the No Kill movement just as it is for PETA and the Humane Society of the United States. There should be no conflict in this. It is not either/or, it is both controlling births and finding loving homes for homeless companion animals.” C.Vreeland, President, Humane Society of Greater Kansas City
Interesting, emotional thoughts on this issue…
Where do you stand? Let us know…
Plan for your Pet's Medical Emergency
We all need to be responsible pet owners.
We owe it to our pets.
This includes all phases of planning for your pet and potential emergency situations should be included.
When our dog Anna was very small, she darted out into the street and ran into a car.
It was about seven o’clock in the evening.
It was immediately obvious that she was injured and needed medical attention and certainly her vet was not available at that time.
Fortunately, we had taken the time when we first brought her home to learn about the hours and location of our local emergency pet hospital. We took her there and discovered that her injuries were minimal. She received immediate treatment and we were home by late that evening with a puppy that was more afraid that hurt.
We were lucky. We had planned ahead and did not spend precious time looking for emergency services or searching for the correct address or phone number.
We were certainly worried, but we had planned ahead and could react accordingly.
The site ilovedogs.com , has a good article entitled, How to recognize a Dog Emergency, it states in part;
“…For many of us, when our dogs are ill, it is often quite difficult to know whether or not their condition warrants a trip to the emergency room.
In an emergency, the first thing you should know is where to take your dog. Many veterinarians offer 24 hour emergency service. Please make sure to ask your vet if this is a service offered by their practice. If your vet does not offer this service, know where your local veterinary emergency hospital is located.
So how do you know if you are experiencing an emergency? Most veterinarians will tell you that if you feel the situation is urgent to please call the closest emergency clinic and speak to a veterinary staff member. They will assess the situation and in most cases, have you bring your dog in to be examined. The following are some common emergency situations and ideas for how to handle them…”
The article further states that the common emergencies seen by most pet owners include;
- Acute abdominal pain
- Broken bones
- Breathing difficulties
- Uncontrollable bleeding
- Convulsions
- Vehicle accidents
If your dog is hit by or runs into a vehicle, you need to be particularly aware that there may well be internal injuries that are not obvious to you.
A trip to your vet or emergency pet hospital is definitely in the best interest of your pet to make sure that there are no unknown injuries.
Obviously all of these issues regarding pet emergencies apply to all of your pets and not just your dog.
We want you, as a responsible pet owner, to plan for the future of your pets.
Responsible planning also includes knowing how and where to react to medical emergencies involving your pet.
Attorneys are Active Animal Advocates
Some attorneys classify themselves as animal attorneys or attorneys that work in the area of animal law.
What exactly is this critter called animal law?
Attorney Emily A. Gardner of Hawaii, in her website, states that she is an attorney devoted to animal law.
Ms. Gardner defines the field here,
“…Animal law has become a distinct legal discipline, with its own body of case law and a growing number of practitioners and academics. The practice of animal law deals primarily with resolving legal issues and situations in which the nature of animals–including their legal status, behavior or biology–is an important factor. Although animals themselves typically do not have standing (meaning the right to sue and be sued on their own behalf) people who care about animals, or who own them or have suffered harm by them often do. As a general rule, if a person or a group of people can show that they have a real and tangible stake in a legal claim involving animals, they can have their grievances heard in a court of law…”
Ms. Gardner proposed the current Hawaii Pet Trust legislation that was adopted by the state in 2005.
She was also invited to testify before the Hawaiian House Judiciary committee concerning her legislation.
She provided insightful reasoning for the passage of the bill when she testified before the Committee;
“…There are many good, caring, intelligent people in Hawaii who want to be able to provide for their pets through the creation of a trust. H.B. 1453 will give them, and their attorneys, the certainty of creation of an enforceable document -- it will do away with all the uncertainties surrounding pet trusts that currently exist.
At the same time, the legislation contains a provision which would allow a court to reduce a bequest deemed in excess of the reasonable needs of the pet-beneficiary, thereby providing a mechanism to prevent excesses which might bring the law into criticism. An attorney counseling their clients would surely inform them of this provision and advise them accordingly…”
She further testified that the bill also contained a provision exempting the trust from the common law against perpetuities, which would allow for the provision of care for long-lived pets such as birds and reptiles and that the legislation would have little administrative burden, as Court appointed enforcement of the trust would be available only by petition.
When asked who might possibly be opposed to the newly proposed legislation, she responded,
“I have wracked my brain for an answer. The only one I've come up with is "The nieces and nephews who didn't care enough to visit auntie, and who are passed over for a bequest in favor of Spot and Fido."
Shouldn't we permit people to care for those most dear to them in the event of their untimely demise, even if those are dogs, cats, or birds rather than people?”
There are many devoted animal owners and lovers throughout the United States.
Fortunately, there are also many attorneys who are included in this group and are willing to share their time, energy and efforts to further the various causes for you and your pets.
A Pet Trust can be Inter Vivos or Testamentary
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.
Issues to Consider for Your Pet Trust Planning
The American Society for the Prevention of Cruelty to Animals ( ASPCA) is another invaluable site to reference estate planning needs for your pet.
Kim Bressant-Kibwe, Esq. the ASPCA Trusts & Estates Counsel offers assistance to attorneys, financial advisers and executors on all aspects of planning.
Ms. Bressant-Kibwe writes,
“…A pet trust is a legally sanctioned arrangement that provides for the care and maintenance of one or more pets in the event of their owner’s disability or death. The person who creates the trust is commonly referred to as the ‘settlor’. The person who is entrusted with the funds is called the ‘trustee’. A trust can take effect either during a person’s lifetime or after their death. Typically, a trustee will hold property (cash, for example) “in trust” for the settlor’s pet or pets. When the time comes, the trustee will make payments on a regular basis to a designated caregiver. In some states, the trust may continue for the rest of the animal’s life or for 21 years, whichever comes first. Other states allow a pet trust to continue for the rest of the animal’s life without regard to the 21-year limitation. This is especially advantageous when planning for companion animals such as horses and parrots, who have longer life expectancies than cats and dogs.”
She suggests that you contact your attorney to discuss the needs and future estate plans for your pets to establish a pet trust.
Additional areas of concern that she notes that you, your family and your attorney need to consider include;
The appointment of the trustee and successor;
The appointment of the caretaker and successor;
The need to adequately identify your pets in order to prevent fraud;
A description of your pet’s standard of living and care in detail;
A requirement that the trustee ensures the caregiver is providing the pet with regular, thorough veterinary check-ups;
The need to determine the amount of cash or assets needed to adequately cover the expenses for your pet’s care;
The need to determine the amount of cash or assets needed to adequately cover the expenses of administering the pet trust;
Choosing a beneficiary who will receive any remaining funds that were not used by the pet trust; and
Providing directions for your pet’s burial or cremation.
The ASPCA is on one of the many valuable sources of information available to the public regarding the estate planning process for your pets.
If your advisers need assistance or direction, you can help show them the way.
Be proactive in your life. Make your choices, plan and then proceed,
Why Don't You Love Your Cat?
Arca Max Publishing recently reported a story that stated that cats do not receive the same affection that dogs do and as a result, cats do not get as much medical care as dogs.
Citing a study, published in the Journal of the American Veterinary Medical Association, the report found,
…that U.S. pet owners generally have stronger bonds with their dogs than their cats and are therefore more attached to dogs and thus more attentive to their needs. Cats are substantially underserved medically, which presents problems not only in terms of their health, but in terms of public health, the researchers said.
Even cats sharing living quarters with the family dog are seen by veterinarians significantly less than dogs from the same household. One-third of the cats from these households did not visit a veterinarian annually, compared with 13 percent of dogs in the same household.
The study said many owners think their dogs are in need of more routine medical care because they are outside more often than cats and many cat owners are under the misconception that cats "do not get sick and ... can take care of themselves."
However, cats can hide sickness, so often cats don't see a veterinarian until they're profoundly ill.
Do not forget to take care of all of your pets…dogs…cats…birds…turtles…fish… rabbits…whatever your pet.
You assumed that responsibility when you took them into your home and domesticated them.
Planning for the well being of your pets is a ongoing comprehensive process. Medical care and estate planning are both essential aspects of that plan.
Women Control the Wealth
The American Bar Association Center for Continuing Legal education is one of the more active forums available for ongoing education for attorneys.
The ABA recently announced an upcoming event entitled,” Working with Women Clients in Estate Planning: The Difference is More Than Just Changing Pronouns
The programs descriptions states,
…Women today control more than 50% of the total personal wealth in the United States and the percentage is expected to rise in the coming decade. However, many American women have not done estate planning to protect their assets, their families, and themselves. Since most women will survive their husbands, the need for estate planning continues and often becomes more important for widows. Working with women clients requires a different approach than working with men, and estate attorneys need to understand the nuances of designing client services for this growing market…
Informal polls taken among attorneys seem to indicate that very often the woman is the driving force behind the estate planning process for the family.
Even in today’s society of two working members in many families, the wife is generally the spouse more concerned with the failure to plan.
Many women have seen friends that have to cope with the death of their spouse and the potential effect on the family with the lack of a financial plan. This is particularly true today with many second marriages with assets and children that are yours, mine and ours.
If you find yourself in the position of being the one leading the push for necessary estate planning, try to keep the process moving forward.
If you have a toothache, you have an instant need and go to the dentist right away to have it fixed.
On the other hand, the lack of an estate plan is not something that involves an instant need.
Estate planning is easy, very easy, to delay and eventually the delay becomes a failure to act and then it is too late.
Discuss an estate plan with your family, your attorney, your insurance agent, your banker and your broker.
You need to protect your children, your assets and of course, your pets.
Alabama Code Protection for Pets Trusts
On January 1, 2007, Alabama became the 16th state to adopt the Uniform Trust Code. In doing so, the “Yellowhammer State”* adopted the Trust language of the Uniform Trust Code to allow for a Trust for the Care of an Animal.
The Comment to the Code states that the purpose is to validate so called honorary trusts. Unlike honorary trusts created pursuant to the common law of trusts, which are arguably no more than powers of appointment, the trusts created by this and the next section are valid and enforceable.
Additionally, the Code provides that a trust for the care of an animal may last for the life of the animal. While the animal will ordinarily be alive on the date the trust is created, an animal may be added as a beneficiary after that date as long as the addition is made prior to the Settlor’s death. Animals in gestation but not yet born at the time of the trust’s creation may also be covered by its terms. A trust authorized by this section may be created to benefit one designated animal or several designated animals.
We have recently discussed, here and here, the close relationship in the ongoing ever changing legal theories for treatments of pets as mere chattel or more akin to a family member.
It is interesting to note that additional Comments to the Alabama Code state in part…
Non-charitable trusts ordinarily may be enforced by their beneficiaries. Charitable trusts may be enforced by the state’s attorney general or by a person deemed to have a special interest. But at common law, a trust for the care of an animal or a trust without an ascertainable beneficiary created for a non-charitable purpose was unenforceable because there was no person authorized to enforce the trustee’s obligations…The intended use of a trust authorized by either section may be enforced by a person designated in the terms of the trust or, if none, by a person appointed by the court. ..If the trust is created for the care of an animal, then a person with an interest in the welfare of the animal has standing to petition for an appointment. The person appointed by the court to enforce the trust should also be a person who has exhibited an interest in the animal’s welfare. The concept of granting standing to a person with a demonstrated interest in the animal’s welfare is derived from the Uniform Guardianship and Protective Proceedings Act, which allows a person interested in the welfare of a ward or protected person to file petitions on behalf of the ward or protected person. See, e.g., UNIFORM PROBATE CODE §§ 5-210(b), 5-414(a)… (our emphasis)
We generally think of humans as seeking protection under a Guardianship or Protective Order proceeding.
In the Code the protection afforded a ward or protected person is also granted to an animal!
(Alabama has been known as the “Yellowhammer State” since the Civil War. The yellowhammer nickname was applied to the Confederate soldiers from Alabama when a company of young cavalry soldiers from Huntsville, under the command of Rev. D.C. Kelly, arrived at Hopkinsville, KY, where Gen. Forrest's troops were stationed. The officers and men of the Huntsville Company wore fine, new uniforms, whereas the soldiers who had long been on the battlefields were dressed in faded, worn uniforms. On the sleeves, collars and coattails of the new cavalry troop were bits of brilliant yellow cloth. As the company rode past Company A, Will Arnett cried out in greeting "Yellowhammer, Yellowhammer, flicker, flicker!" The greeting brought a roar of laughter from the men and from that moment the Huntsville soldiers were spoken of as the "yellowhammer company." The term quickly spread throughout the Confederate Army and all Alabama troops were referred to unofficially as the "Yellowhammers.")
Is Your Pet a Family Member Subject to Shared "Parenting"?
We recently posted a story that was reported in the Naples Daily News, concerning a couple in Naples, Florida who had sued for a replevin action to recover their pet from a veterinarian. See here.
A writ of replevin is a prejudgment process ordering the seizure or attachment of an alleged illegal taking or wrongfully withheld property, goods or chattel (any kind of personal property).
We further noted that the attorney for the owners determined that it was necessary to file an action to demand the return of “personal property” if a pet has been wrongfully taken or detained.
In response to the story, a comment was received from Attorney Kysa Crusco of New Hampshire, wherein she wrote,
“Interesting blog! The personal property question relates to divorce issues many family law attorneys see- will the family court judge treat the pet as chattel or will the pet be treated as a part of the family with a shared "parenting" schedule?”
The interplay between pets and their status as family members or mere chattel is a continuing battle of legal theories and history.
Earlier this month, in Massachusetts, the Milford Daily News, reported that State Rep. Jennifer Callahan, D-Sutton, accompanied by Bailey, her yellow Labrador retriever, presented two animal rights proposals.
One new bill would allow judges to include pets in temporary restraining orders.
"Forty-eight percent of victims of domestic disputes say they delay leaving the situation because they are afraid of what will happen to their pets," Callahan said, citing 12 independent studies summarized in a 2007 article by F.R. Ascione in a collection of articles called Intimate Partner Violence, put out by the Civic Research Institute of Kingston, N.J.
Matt Kakley, of the Milford Daily News reported that the bill would not cost the state any money, as it simply allows judges to make defendants stay away from the animals.
Eight states (Vermont, Maine, New York, Nevada, Colorado, Connecticut, Illinois and Tennessee) have already passed similar laws and 12 other states (Arizona, California, Georgia, Iowa, Maryland, Michigan, New Jersey, Pennsylvania, Rhode Island, Utah, Washington, Wisconsin), as well as Washington, D.C., have legislation pending.
The bill would apply to all pets and companion livestock.
Callahan also filed a separate bill that would allow the owners of pets who were injured or killed maliciously to sue for emotional distress and loss of companionship. See the entire article here.
Are they merely animals that live in our homes…or our they pets…our family members…with real issues such as domestic restraining orders… division as chattel property or treated as a custody schedule problem in a divorce proceeding…visitation rights...subject to inclusion in an estate family plans?
You, the legislatures and the courts are deciding these issues and more, even as I write.
Stay tuned for future revisions, updates and changes.
Can You Direct Euthanasia for Your Pets in Your Will?
Many pet owners, who have devoted a great deal of their lives to their animals, believe that if they are no longer around to take care of them, no one else will be equal to the task.
Some may rationalize that it would be better for their pets not to survive, then to be placed into a facility or a home where they might be treated poorly.
Pet owners have tried to eliminate this possibility by inserting a clause into their will that directs that euthanasia be utilized upon their animals at the death of the owner.
Ida Capers of Pennsylvania passed away in 1963. At the time of her death, she had two pet Irish Setters. Ms. Capers inserted a clause into her will that stated:
"I direct that any dog which I may own at the time of my death be destroyed in a humane matter and I give and grant unto my Executors hereinafter named full and complete power and discretion necessary to carry out the same."
The public outcry again this action eventually led the court to decide that the clause was invalid and void as against public policy. In re Capers Estate, 34 Pa. D. & C.2d 121, 122 (1964).
Since that early case, a long line of court decisions have followed that reasoning and subsequently, clauses of this nature are generally not upheld.
As we have seen in other postings, many states and even cities are leading the way in providing their citizens needed information on estate planning for their pets
Many states have authorized the establishment of Statutory Pet Trusts and the courts are slowly but constantly moving toward the acknowledgement of more rights for pet owners.
The Association of the Bar of the City of New York is one of the organizations that is providing extensive information in this area.
Their brochure of public information provides some insight into the area of pet euthanasia. A part of the booklet provides:
“Provisions in a Will directing that an animal be euthanized upon the death of its owner have been invalidated by the courts. While a pet owner may feel it is important to protect a pet from subsequent mistreatment or a "bad home," it is questionable whether a healthy pet's life must end by euthanasia when its owner dies. Nevertheless, if a pet owner wishes to provide for euthanasia, it is preferable to specify in a Will that the pet be cared for by the Executor or a friend for a period of time and ask that this person attempt to find a good home for the pet, and if no home is found after a specified reasonable period of time, that the animal may betaken for euthanasia. A court may be less likely to overturn such a provision”
The entire document can be viewed here.
On final thought by the New York City Bar is somewhat ominous,
“It should be noted that if you bequeath your animal to a friend or relative, that person becomes the owner and has all the rights and obligations of the pet's care, including the right to euthanize the animal.”
Does your friend love your animal as much as you?
Holding the Pet Trustee Accountable
We recently, visited the responsibilities of the Pet Trustee, see here and determined that their duties mirror those of other Trustees.
In addition to the restrictions imposed in the Trust Agreement , we noted that the Uniform Trust Code also sets out specific expectations for the Trustee.
What happens if the Trustee fails to adhere to the restrictions and steps outside the parameters of the power structure?
If a Trustee is believed to have breached their duties under the Trust Agreement or threatens to do so, what ability does the Court have to control the actions of the Trustee?
Under the common law there were limited remedies available for a breach of duty action again the Trustee. Only the Beneficiary and any Co-Trustee could bring the action and it was a matter for the Court to review.
The legislatures have now provided in most states, that others may represent a Beneficiary if legal action against the Trustee becomes necessary.
In the case of a Pet Trust, the Pet Caretaker would be able to bring an action of the behalf of the Pet.
Generally the Court can order the Trustee to do any number of things, including ordering the Trustee to perform the Trustee’s duties as set out in the Trust or to stop the Trustee from committing a breach of that agreement; order the Trustee to repay money or restore property to the Trust and order the trustee to account for all assets.
In some circumstances the Court can suspend the activities of the Trustee or even remove them from their duties or deny them any compensation for their work.
Many states have also written specific remedies that are available if a Trustee is in violation of their duties. Usually, these remedies are contained within the State's Trust Code and are identical or closely similar to those of the Uniform Trust Code.
Responsibilities of a Pet Trustee
The Uniform Trust Code, adopted by a majority of the states since its initial draft inception in 2000, has been the underlying strength of the new growth phase of Pet Trusts.
We have previously minimally defined the role of the Trustee.
Generally speaking, the duties and responsibilities of a Trustee for a Pet Trust are no more or less than any other Trustee.
The Trust Agreement itself will set out the specific role of the Trustee and set the parameters of the powers of the Trustee.
The Uniform Trust Code also defines in detail, the duties and powers of the Trustee that have been accumulated as established by the courts and the legislatures throughout the years.
Beginning with Section 801, DUTY TO ADMINISTER TRUST, which states…
Upon acceptance of a trusteeship, the trustee shall administer the trust in good faith, in accordance with its terms and purposes and the interests of the beneficiaries, and in accordance with this [Code].
The Code sets out in great detail the expectations of the Trustee, including definitions and explanations of the needed loyalty and impartiality of the Trustee as well as the accumulation, control and accounting of the Trust property.
Your choice of a Trustee for your Pet Trust, whether an organization or an individual should not be taken lightly. Although their responsibilities are set high and can be closely monitored by your Pet Caretaker, you will be out of the picture and the decisions will be made by someone else
You will no longer have control of the property that you have set aside for the care and protection of your pet.
Chose your Pet Trustee wisely.
Is your Pet still Personal Property?
We had previously reported a story about a couple who had left their Maltese with a veterinarian and found that it had been turned over to animal service.
The couple has now advised the Naples Daily News, that they have secured the return of the dog.
In an interview with a reporter from the paper last month, Nancy Hamerling stated that she took her dog Jake to the vet because she had recently moved and was late in getting a rabies shot for Jake. She left her dog after an employee of a local animal clinic said that she would call Ms. Hamerling when Jake was ready.
When Nancy and her husband Robert went to retrieve the dog, they were advised that it had been put up for adoption.
Although the final ending of this story has not yet been written, the local Domestic Animal Services notified the Hamerlings that they had received the dog from another party and Jake was returned home.
It is interesting to note that the Hamerlings had pursued a legal action for a “writ of replevin” for the return of the dog.
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.
However, at least with this particular scenario of facts, the attorney for the owners determined that it was necessary to file an action to demand the return of “personal property” if a pet has been wrongfully taken or detained.
There was no other legal remedy available.
What is next in caring for your Pet?
Is this a vital part of the estate planning process for the future care of your Pet?
Little wool sweaters for your dog.
Diamond studded collars for your little kittens.
Expensive toys, fancy organic, home made foods, private beds, car seats, travel carriages for airplanes...
What is next for your favorite Pet?
Well, according to Mark Nash, the author of four real estate books, the “What’s In, What’s Out with Home Buyers in 2008”, includes pet showers.
That's right, pet showers.
Nash writes that the kitchen or work sink in the garage are out for animal baths.
Dedicated pet showers are an emerging trend. Be it in a mud or utility room, a garage corner or the basement, animal lovers, especially dog owners want a place to clean their favorite pooch after a visit to the neighborhood dog park.
Nash explains that the common dog shower features a 3’ by 3’ shower base surrounded by ceramic tile 4’ up the wall.
Pet showers are all about the convenience for Fido to step in and eliminate the master’s need to lift.
No information has been provided as to how much this little Pet Spa will add to the price of your next home.
Alaska a leader in Pet Trusts
Dog sleds in Alaska…
The phrase conjures up vivid images for all of us. We think of strong, barrel-chested, huskies with thick fur, plowing through the heavy snow…straining at their harness to take their master and much needed supplies to the outpost of the wilderness, in exchange for the care and feeding of the musher.
For some of us…Sgt. Preston of the Yukon…On King On!
Maybe this unique mutually beneficial relationship is the reason that Alaska was one of the earliest proponents of Statutory Pet Trusts.
In 1996, the Alaskan legislature passed a bill that validated specific Trusts for designated domestic or pet animals.
The Trust may last for up to 21 years and terminates when a living animal is not covered by the Trust. The Pet Trust is to be liberally construed, to presume against any honorary nature and to carry out the general intent of the transferor.
The law specifically states that unless expressly provided otherwise in the Trust instrument, no portion of the principal or income may be converted to the use of the Trustee or to any use other than for the Trust's purposes or for the benefit of a covered animal.
The statue offers further protection. If an individual believes that the Trustee is not using the Trust funds in accordance with the stated purpose in the Trust instrument, then that individual may make an application with the Court for the proper enforcement of the Trust terms.
When the Trust ends, any remaining funds are distributed according to the terms of the Trust or pursuant to the other statutory requirements.
Today, an overwhelming majority of the states recognize the use of Statutory Pet Trusts for the future well being of your pet and your peace of mind.