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.
Pets Lead the Way Out Of The Recession?
What recession?
According to reporter Ashley Herer,who wrote a story for the Tampa Bay Examiner, proud owners and lovers of pets are not about to let a little thing like a horrible world economy stop them form taking lavish care of their beloved pets.
Ms. Herer recently wrote that many pet owners have no intention of cutting back in their spending.
"You know, for some families, the pet comes first," said Carol Perkins, president and co-founder of Harry Barker, a Charleston, S.C.-based pet toy company whose sales are up 40 percent this year. "The dog goes to the vet first and the dog gets organic food. Maybe some people will cut back on a dog bed, but they'll still buy dog treats, toys and collars and leashes."
Ms Herer went on:
"The American Pet Products Association estimates Americans will spend $43.4 billion this year on their pets - a figure that includes everything from treats to training - despite the dramatic slowdown in discretionary spending. That's 26 percent higher than what U.S. consumers spent in 2004, the group said.
Market researcher Euromonitor International, which tracks sales of pet food and accessories but excludes the cost of animals, grooming, training and other expenses, puts this year's animal expenditures at $23.9 billion."
You can read the entire article here.
Maybe, the continued spending of monies on pets will lead us out of the economic doldrums.
The FED might thank you.
Volunteer for Your Shelter
We recently had the chance to spend a few days with some close friends that we have known for years.
Like us, Doug and Chris have no children, but love to dote over their dog.
After successful careers for both, they now have the opportunity to relax and enjoy their lives.
With their newly found time, not only do they enjoy tennis, golf and the nearby beaches, they have opted to become involved with animals in their community.
During our leisure time together, they still took the time for cell phone and email messages with their fellow colleagues and volunteers to coordinate fund raising events for local abandoned animals.
They could spend their time in any number of ways, but they donate extensive amounts of time, energy and effort to help their community and local pets.
Economic times may be difficult for many people today, but you do not always need money to help.
If you can spare the time, give some to your local animal shelter.
Sometimes, more than money is needed to solve a problem.
Leaving Your Pet to A Shelter Requires Planning
If you, as a pet owner, have no real friend or relative whom you believe can take care of your pet after your death, you may need to consider leaving your pet with a charitable organization whose goal is to care for you pet.
A local humane society or shelter usually is a good starting place to look for acceptance for your pet.
Keep in mind, you will almost without exception, need to make financial provisions to the shelter to cover the costs of your pet.
Many times, a specific will clause is optimized to help in this type of a situation.
Below is one example:
"I give all of my [dogs' cats, and other animals] to the [Humane Shelter], presently located at [address], with the following requests:
. that the [Humane Shelter] take possession of and care for all my animals and search for good homes for them;
. that until homes are found for my animals, the animals be placed in foster homes rather than in cages at the shelter;
. that if it is necessary to keep some of the animals in cages while making arrangements to fend permanent homes, in no event should any animal stay more than a total of 2 weeks in a cage;
. that each animal should receive appropriate veterinary care, as needed;
. that after attempts have been made for 3months to place an animal, my [son], presently residing at [address], be contacted if it is not possible to place an animal so that he can assist with finding a home for the animal;
. that the shelter make every effort to assure that none of my animals are ever used for medical research or product testing or painful experimentation under any circumstances:
. that, after placement, shelter personnel make follow-up visits to assure that my animals are receiving proper care in their new homes.
If the [Humane Shelter] is in existence at the time of my death and is able to accept my animals, I give [$_ to the Humane Shelter]If the [Humane Shelter] is unable to accept my animals, I give my animals and [$ / to one or more similar charitable organizations as my Executor shall select, subject to the requests made above."
If no friends or relatives come to mind to care for your pet, all it not lost. Meet and speak with your local shelter personnel to see if their needs meet your concerns.
Will Provision for Temporary Care of Your Pet
Who is going to take care of my dog, Boom Boom after I die, but before the Court appoints and approves my Executor? I understand that this may take from a few days to a few weeks, even if all goes smoothly.
Jeffrone Tampa, Florida
Jeffrone, you are correct in that you should provide for arrangements for care of Bam Bam for the time between your death and the issuance of letters testamentary or letters of administration.
A will provision can take care of many issues such as the costs, temporary care of Bam Bam and the direction of instructions to your vet.
One example of such a clause can be found here:
"I direct my Executor to pay, as an administration expense' all expenses associated with the feeding and care, including veterinary costs, of my [dogs and cats] until the animals are placed with the persons that I (or my Executor) have selected to care for the [dogs and cats] for the duration of their lives, whether or not these expenses are deductible for estate tax purposes."
You are on the right plan in your thoughts and future planning for your peace of mind and Bam Bam’s well being.
Will Clauses for Euthanasia For Your Pet
We have recently devoted a number of articles on euthanasia for your pets.
Many times, a provision in a Will directing that an animal be euthanized upon the death of its owner, have been invalidated by the courts of the various states.
While pet owners continue to try to protect their animals, their wishs are not always followed.
If you are determined to provide for euthanasia for your pet, some will clauses may persuade the Courts that you really have the best interest of your pet at heart.
In these cases, it is preferable to specify in a Will that the pet be cared for by the Executor or a friend for a specific period of time and also ask that this person attempt to find a good home for the pet.
After a specified reasonable period of time, if the attempt to place the animal is unsuccessful, you would then request that the animal may be euthanized.
A Court may be less likely to overturn such a provision.
An example of this type of Will provision has been provided by the Bar Association of New York;
"My [cat, Ginger], shall be delivered to[Mary Smith or John Doe] for temporary holding. The Executor shall determine the amount from the estate to go with the animal for such temporary care and feeding. The Executor shall advertise and otherwise make diligent efforts to find a good home for the animal, taking a reasonable amount of money for these purposes from the estate. If no home can be found after [ ] months, the animal shall be taken to [name and address of veterinarian]to be euthanized by the most humane method the veterinarian has competency to use."
Discuss the use of such a provision with your attorney and financial adviser and plan for your pet’s future.
Model Law For Animal Euthanasia
We wrote last week that between 8 million to 12 million abandoned cats and dogs enter into shelters every year and will most will be destroyed.
animallaw.com is one of many proponents of the adoption of a model law for animal euthanasia.
The basics of the law follow:
Humane Euthanasia of Animals
"Sec. 1. Purpose
There is a wide disparity among shelters and their methods and application of euthanasia. Problems stemming from inadequate training, insufficient funding, indifference to animal suffering, and failure to recognize the need to change and update procedures, are found everywhere, from small rural shelters to large city facilities. There is an urgent need for a consensus on humane euthanasia of animals.
Sec. 2. Definitions
As used in this chapter :
(a) “Animal” means any bird, fish, reptile, or mammal other than man.
(b) “Euthanasia” literally means “good death”, and is usually interpreted to mean a quick, painless, and humane method of dying.
(c) “Euthanasia Agency” means an entity certified by the State for the purpose of animal euthanasia that holds an animal control facility or animal shelter license under the Animal Welfare Act. (d) “Euthanasia Drugs” means substances that are used by a euthanasia agency for the purpose of animal euthanasia.
(e) “Veterinary Technician” means a person employed by a euthanasia agency, veterinary agency, or shelter working under the direct supervision of a veterinarian and who is certified by the Department to administer euthanasia drugs to euthanize animals.
(f) “Veterinarian” means a person holding the degree of Doctor of Veterinary Medicine who is licensed with the State.
Sec. 3. Procedures for Euthanasia
(a) 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.
(b) 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.
(c) The animal shall be tranquilized with an approved, humane substance before euthanasia is performed.
(d) Euthanasia must be performed by a licensed veterinarian or a licensed or registered veterinary technician under the supervision of a licensed veterinarian.
(e) At least two people must be present for administration of an injection, one to hold the animal and one to perform the procedure.
(f) 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.
(g) This section
does not apply to an animal held as live food for another animal.
Sec. 4. Prohibited Methods
Succinylcholine chloride, curare, a curariform mixture, a substance which acts as a neuromuscular blocking agent, a chamber which causes a change in body oxygen, or a chamber which uses commercially bottled carbon monoxide gas may not be used on a warm-blooded animal.
Sec. 5. Penalties
(a) The State Attorney may bring an action to enjoin a violation of this section.
(b) A person who violates this section is guilty of a misdemeanor of the first degree, punishable as provided in the applicable criminal code.
Contact your local and state legislators if you want to have this model law placed on the legislative books in your jurisdiction.
Humane Euthanasia for Animals
It is widely believed that between 12 million to 15 million abandoned cats and dogs enter into shelters every year in the United State alone. Only about one third of these pets will be placed into an adoptive home.
The others?
They will most certainly be destroyed.
According to animallaw.com, Sodium Pentobarbital is the most acceptable method of euthanizing warm-blooded animals.
"When injected into a vein, this drug produces rapid unconsciousness and death without the pain and distress that accompany all other methods. This method is the most cost-effective and overall least expensive of all euthanasia techniques (according to the Michigan Humane Society, the cost of lethal injection, materials and labor is $2.88 per animal). It does require adequate staff training because each animal is handled individually. The injection process allows staff to provide personal comfort to each animal in its last moments, which may greatly offset the emotional stress.
Shelters employ a number of other “euthanasia” methods. One common method is the gas chamber. Either carbon monoxide (CO) or carbon dioxide (CO2) is generally used, though some still use nitrogen gas. In some areas, animals are taken outside and disposed of as target practice for law enforcement authorities. For some animals, the gentle touch of a shelter worker during the euthanasia process may be the only real affection they have ever had. The lethal injection technique allows the worker to comfort the animal and experience closure of the death process.
Gas chambers have many limitations which make the method less practical, slower, more dangerous to staff (workers dying of CO poisoning), and ultimately more expensive than lethal injection. Abuse of the chamber is common. In many cases animals are simply shoved into the chamber, the door sealed, the button pushed, and the employee walks away, resulting in a slow, painful death for the animals.
Animals who end their lives in a shelter, humane society, or even city pound, deserve to have the last moments free of pain and discomfort as can be provided by the practice of humane euthanasia."
We will next take a look at a proposed model law of Euthanasia for Animals.
Cemetery Burial For Your Pets
We have talked about the common methods of backyard burials and cremation for the disposal of the remains of your pet.
We continue to pass along information from the Pet Loss Support Page, regarding these issues:
"You'll find pet cemeteries in nearly every state; some have literally dozens. For many, a formal cemetery burial seems a more fitting tribute than an informal "backyard burial". Burial in a pet cemetery also ensures that your pet's remains will remain undisturbed, and cared for, "in perpetuity." You will not have to worry about what will happen to your pet if you have to leave the property on which it is buried; it will be cared for, no matter where you go or what happens to you. Cemetery burial can be a costly option, but many find it a comforting, secure way to handle a pet's remains. A pet cemetery will usually be able to pick up your pet from your home or from a veterinarian's office. If you wish, you can make arrangements for a complete funeral and memorial service."
When the time comes, none of these choices will be easy, but at least you have some background information to allow you to make the best choice for you and your family.
Additional Thoughts on Your Pet's Remains
Last week we talked about the three most common methods for the disposal of the remains of your pet,; backyard and cemetery burials and cremation.
We passed along some information from the Pet Loss Support Page, regarding home burials.
Today we look at the second option of cremation:
"Many people feel that providing a dignified burial or cremation for a pet is a final, fitting act of farewell. They feel that it is the last act of love that they can offer a pet, and it is also, quite often, an important act of closure. Actually being able to view, touch, and say farewell to a pet's body can help one accept that the pet is really dead, that it is not going to come back -- and also that it is not suffering in any way. If it is important to you to see that your pet's remains are treated with the same concern and care that you gave your pet during its life, then you should look into home burial, pet cemetery burial, or cremation through a pet crematory. Here's a closer look at these options:
If you would still like to keep your pet's remains on your property, but don't have a place to bury an actual body (especially that of a large pet), consider having your pet's remains cremated and returned to you for burial. This still has the advantage of keeping your pet "at home," but bypasses health problems or the concern that the pet's remains might be disturbed later. Or, you can keep the pet's ashes in a decorative urn or container; you'll find a wide range of such products in the classified ads of any pet magazine.
Many pet owners choose to scatter a pet's ashes rather than preserve them. Some choose to scatter the ashes in the pet's own yard, where it lived and played; this is another way of bringing the pet "home" one last time. Others choose to scatter the ashes in a way that symbolizes setting the pet "free" for its final journey -- such as in the woods or over a body of water, or just into the wind. Pet crematories can now be found in many cities; a pet crematory can usually pick up your pet's remains from a veterinarian or from your home. Some veterinarians also provide cremation services; some will do so at no extra charge if they have euthanized your pet or if it dies at the vet's office. (Not all veterinarians provide this service, so it might be advisable to check this in advance.)
Next, we will examine the third type of disposal with the use of a cemetery burial for your pets.
Disposing Of Your Pet's Remains
We recently spoke with a client that had to endure the unexpected loss of a pet and we discussed the various options available to the family members for the dispodal of the body of the animal.
The three most common methods for the disposal of the remains are backyard and cemetery burials or cremation.
We found some good information from the Pet Loss Support Page
"Many people feel that providing a dignified burial or cremation for a pet is a final, fitting act of farewell. They feel that it is the last act of love that they can offer a pet, and it is also, quite often, an important act of closure. Actually being able to view, touch, and say farewell to a pet's body can help one accept that the pet is really dead, that it is not going to come back -- and also that it is not suffering in any way. If it is important to you to see that your pet's remains are treated with the same concern and care that you gave your pet during its life, then you should look into home burial, pet cemetery burial, or cremation through a pet crematory. Here's a closer look at these options:
Home Burial. Many people choose to bury a pet at home as a way of keeping it close -- a part of one's world, even if it isn't a part of one's life. This can also provide a way for you and your family to celebrate a funeral and memorial service, which in themselves can be powerful coping tools. Some pet owners have also reported that their surviving pets seem to understand that their companion is still "present", and report that those pets may spend time visiting the gravesite. Home burial provides the opportunity to create a permanent memorial to one's pet -- a grave marker, a statue, or perhaps a tree planted over the pet's grave to serve as a living memorial. (Others choose to bury a pet under an existing shrub or tree that the pet liked to sleep under.)
In some circumstances, however, home burial may not be an appropriate option. The most obvious is if you have no place in which to bury a pet. You must also be sure that you can dig a deep enough grave to ensure that your pet's remains will not be disturbed or become a health hazard. (Don't bury a pet in a flowerbed that is likely to be redug and replanted.) Many cities prohibit home burials. You also might not wish to bury a pet at home if you rent, or if you are likely to move away from the property."
We will look at the other methods suggested next week.
October is National Adopt A Shelter Pet Month
October is National Adopt a Shelter Pet Month.
According to doghobbyist.com,
…nearly 10 million animals entering local shelters across the country each year the Adopt a Shelter Dog Month helps focus attention on the pet population problem we face in this country.
Renowned dog trainer Joel Silverman also says that shelter animals make good pets, and that proper training is the key. Silverman's many canine pupils have starred in commercials, television shows, and feature films and often come from shelters. According to Silverman, pet owners that train their dogs have better relationships with their pets and less pro blems in the home.
"Most people don't realize that training is not as difficult as they think," says Silverman. "Training should be fun for both the pet owner and the dog and, in fact, usually strengthens the bond between them."
Visit their website for more information on adopting a shelter pet.
Your adoption process fulfills two good deeds at the same time.
Your Dog Is How Old?
Who is older and crankier, you or your pet?
Are you wondering why your cat or dog does not seem to have the same playful attitude as just a year ago?
Sometimes we do not realize the difference between animal ages and people ages.
Below is a chart for comparison, provided by a Hawaiian website
Age Comparison Chart for Dogs and Cats
Age of Dog/Cat Human years
3 months 5 years
6 months 10 years
1 year 15 years
2 years 24 years
4 years 32 years
6 years 40 years
8 years 48 years
10 years 56 years
14 years 72 years
18 years 88-91 years *
20 years 91-96 years*
21 years 96-106 years*
*sources differ on the later years
"This chart is based on tooth and bone growth, sexual maturity and other factors related to maturity, it is not exact but is an accurate comparison.
Larger breeds of dogs have a shorter life span and smaller dogs have a longer one but a small dog may mature more quickly in the first few years and a large dog more slowly."
You can view the informative website here.
The next time you chide your 10-year-old dog to “hurry up and get inside,” you might remember that you are yelling at a 56 year old.
Choose a Professional Adviser for Your Pet Trust
Why do I need to hire an attorney?
I can just go download the form from the Internet and fill in the blanks.
Each day attorneys all across America hear this familiar refrain from potential clients.
Estate planning documents for pet owners are no different.
You need to consult your professional adviser if your want the documents to be legally correct and binding.
One example of this assistance is provided by Attorney Rachel Hirschfeld.
Ms. Hirschfeld has extensive experience in pet protection documents and stresses the need for caution and expertise when they are prepared.
"First of all, the word “incapacity” should never be used when filling in pet protection documents to describe the owner’s possible mental state because it may trigger, or be used as evidence in, a court proceeding. Specifically, the pet owner may become unable to care for one or more aspects of the pet’s life, yet not be legally incapacitated. For example, an arthritic owner may want the pet guardian to begin acting, in a limited role, simply because he can no longer adequately walk the dog. Another owner may want the pet guardian to act because she has difficulty remembering whether or not she fed her cat. Neither of these examples should generate a court appointed guardian."
Listen to the professionals.
Follow the advice of your attorney.
Do not try to prepare your own legally binding documents from a generic download from an unknown website.
For yourself…or for your pets.
Animal Rescue Director Arrested For Animal Abuse
In the area where I live, we are involved with a breaking story about the executive director of an animal rescue organization. She has been arrested for the suspected abuse of over 80 animals.
Complaints filed with county animal services regarding the facility where the animals were being kept, include the following:
• Numerous animals in horrible condition"
• One of horse weighed 400 pounds less than when the owner dropped it off.
• The horse's coat was covered with deep cuts
• The only drinking water the horses had was a children's pool filled with green slime and two small metal bowls used to feed the horses were filled with dirt.
• A house at the location had dog and rabbit feces and urine all over the floor with no visible food or water.
• The main part of the house had eight to 10 dogs with feces and urine all over the floor and couch. There was no food or water.
• The lanai held a female shepherd mix with her six puppies. The dog's ribs were showing, the water bowl had slime in it and the food bowl was upside down. There was puppy diarrhea on the floor.
• A kennel attached to the house contained 10 to 12 thin puppies. The food bowl was empty and there was a three-gallon bucket full of green slime.
You can read the entire story in the Fort Myers News Press, as reported by Gabriella Souza.
Most states have specific statutes that provide minimal protection for companion animals in public or private facilities.
For example, the Iowa Statues provide in part:
"all dogs and cats handled by boarding kennels, commercial kennels, commercial breeders, dealers, and public auctions are provided with humane care…including…
adequate feed means the provision at suitable intervals of not more than twenty-four hours or longer if the dietary requirements of the species so require, of a quantity of wholesome foodstuff suitable for the species and age, sufficient to maintain a reasonable level of nutrition in each animal. The foodstuff shall be served in a clean receptacle, dish or container.
adequate water means reasonable access to a supply of clean, fresh, potable water provided in a sanitary manner or provided at suitable intervals for the species and not to exceed twenty-four hours at any interval."
If you suspect that a facility is not properly caring for animals, notify the appropriate authorities for an investigation.
Seperate the Caregiver and the Trustee in Your Pet Trust
I want to appoint my accountant as the Trustee for my Pet Trust because she has a full background and understanding of my financial condition. However, the accountant insists that she should also be the caregiver for Moxy, my terrier, so that she can combine duties to save time. Is this a good idea?
Rex Lavergne, Tennessee
The animal caregiver, custodian or guardian is an important component in the Pet Trust.
Usually a family member or close friend is appointed to this position. Someone who knows and cares for the pet. Perhaps, someone who has a history with your animal.
Professor Gerry W. Beyer has taken this position on the appointment of the Trustee as the caregiver. In 2008, he wrote:
"This is the most important decision because this person will provide the pet’s care. The pet, the prospective caregiver, and the caregiver’s family (human and nonhuman) should make sure they get along. It is important to name alternates in case the designated person is unable to care for the pet. The trustee may be given the ability to select a good home for the pet if none of the named beneficiaries can care for the animal. But the trustee must not be permitted to appoint him- or herself, as this would eliminate the checks-and-balances aspect of separating the caregiver from the money provider."
Heed the words of the experts in this field.
Separate the powers, duties and appointment of the caregiver and the Trustee in your pet trust.
Pet Blanket Made With Love
We recently wrote on a story about the daughter of a family friend.
Elizabeth Torrisi and her friend Julia are making blankets for pets that are waiting to be adopted from facilities at the Humane Society Naples, Florida.
You can see the complete story here.
Elizabeth now has her own website called missionpaws.org.
According to Elizabeth:
"The way we got started, was by walking through an arts and crafts store one day. We found ourselves in the fabric section, and I turned to the others and told them about my sudden idea. A couple years back I had made a few dog blankets for an animal shelter at a camp. All the fabrics just brought back memories, and since it was summer and we had nothing to do I figured “why not?!”. They thought it was a great idea and since we all have dogs of our own, it really meant something to us. Now we find ourselves day after day making home-made blankets on our sewing machines for the dogs and cats of the animal shelters."
Visit their website here.
You may decide to get involved for a good cause.
Pets needing a good home…
Pet Trusts in Kansas
I live in the Jayhawk state of Kansas, the home of the 2008 National NCAA Basketball Champions. Any information on a pet trust for my cockatoo, Benke?
Laurie, Agra, Kansas
Laurie, the State of Kansas has a Pet Trust statute that was enacted in 2003. The trust language is very short:
"(a) A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal.
(b) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed.
(c) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use may be distributed to the settlor, if then living, otherwise to the settlor's successors in interest."
It is interesting, in that the statute states, that a trust can be created for an animal and does not specifically refer to a “pet” or “companion animal.”
Anyone for an elephant trust?
Contact an attorney and your financial advisers and begin your estate planning for Benke
Life Insurance for Your Pets
With the recent well-publicized collapse of American International Group, Inc. (AIG), the world’s largest and most powerful insurance company, I thought that it would be an appropriate time to re-visit insurance.
We have written before of some available plans for pet insurance.
These plans can cover veterinary care and most reimburse you for the cost of treatment due to accident or illness. Coverage can include the X-rays and lab tests required to diagnose an illness or injury, therapeutic drugs, hospital stays and surgery. Some plans even cover the cost of preventative care, like checkups and vaccinations.
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.
Although we try not to endorse any individual commercial enterprise over another, we are using the information from the Purrfect Pet Insurance website to explain this insurance.
"We understand that no one can place a value on the pets that give us so much joy, unconditional love, dedication and companionship. That is why we developed life insurance plans for your companion and show animals.
Benefits range from $200 to $750 for non-show pets. Accidental death insurance is included in most policies and coverage for death from illness starts at under $1/month as a rider to your health insurance plan. Higher limits of $1,000 to $10,000 are available for qualified pts under an innovative stand alone plan.
You will soon be able to include liability coverage in your policy as well. We are the first and only U.S. provider of liability coverage with a pet insurance plan. "
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.
By the way, think that we taxpayers can get a guaranteed loan from the Federal government for $85 billion?
Donate Your Next Gift to an Animal Shelter
I recently read an article that explained that many couples were discarding older, standard ideas about gifts for birthdays, weddings and other special occasions.
Instead of another striped tie or a gift card to a local favorite store, many individuals are opting for a donation to their favorite charity.
Instead of gifts from guests, the recipient asks that a donation be made to a charity.
It seems to be a win-win situation.
No unwanted or re-gifted gifts and a worthwhile donation to a good cause.
Now, the American Society for the Prevention of Cruelty to Animals has entered this arena.
They are promoting their ideas as follows:
"From exchanging environmentally responsible rings to sending out invitations made with recycled paper, many couples are tying values with vows and throwing wedding celebrations that truly make a difference. And while giving to charity through your wedding is a relatively recent trend, it’s one that's catching on fast. The ASPCA recently launched the ASPCA Wedding Pages, complete with photo albums, a guest book, and a link that asks guests to donate to your personal page in lieu of a present. We even provide a short URL that’s easy to remember, and an email tool for inviting friends and family to visit your wedding page.
And what about wedding favors, those often cliché token gifts that we’ve all received—and promptly discarded? Couples are now opting to bypass that tradition altogether and making a charitable donation on behalf of their guests instead. It’s a lot more meaningful than a bar of chocolate or heart-shaped frame, and will extend the impact of your gift beyond your guests to animals in need. We’ll provide elegant place cards with the ASPCA logo, letting your guests know you made a donation in their name. Please visit our website for more information—and best wishes for a beautiful day! "
Just another option for you to ponder for your next celebration.
Perhaps a monetary gift to your favorite animal shelter or center is an idea, whose time has come.
And as an side, you will not have to agonize over your next bad gift selection.
Happy Blankets for Shelter Pets
I always enjoy writing about people, especially younger ones, who do more than talk about the need to take care of animals.
These proactive people actually put their ideas into motion for the good of local animals and the community in general.
I am especially pleased to report on a recent story published in the Collier Citizen, of Naples, Florida, as the main character in the story is the ambitious and caring daughter of a friend.
Reporter Laura Archazki-Pacter, recently wrote:
"In the dog days of summer, 12-year-old Elizabeth Torrisi found puppy love, at the Humane Society Naples.
Regular visitors to the shelter on Airport Road, Torrisi and her mother, Diane, wanted to do more for the animals awaiting “forever families.”
“I was walking around Joanne’s Fabrics with my friends, when the idea came to me. I looked at the dog and cat motifs and decided to make ‘happy blankets’ and ‘comfort blankets’ for the animals,” says Elizabeth.
The mother-daughter team stitched up the winning idea – Mission Paws -- and have donated more than 45 blankets to the shelter.
“Happy blankets are for the animals waiting adoption and the comfort blankets are for the puppies and the pets in the clinic,” Elizabeth explains.
Fabrics for these blankets are different, too. The duo designed cotton quilted blankets for the canines and felines awaiting adoption, while comfort bedding is designed with two layers of fleece, to aid in the well-being of an animal following surgery.
“When pets come into the recovery room, the comfort blankets reduce their stress and they recover faster,” Diane says about how the blankets provide more than warmth in animals’ lives at the clinic.
Working with HSN public relations coordinator Stephen Wright, the Torrisis visit the shelter on weekends to deliver the blankets. Sometimes the happy blankets don’t survive the overly loving dogs, which the Torrisis have come to know on a first-name basis.
“Dogs would sometimes chew the blankets on their dog couches,” Elizabeth says as she pets Scoobie, a small mixed-breed puppy waiting to be adopted. “If we can repair them, we try.”
The blankets are the cat’s meow in the feline section of the shelter, too. Wright points to blankets made by the Torrisis lining the boxes he built for the cats three years ago. Previous visitors may recall metal cages, where each cat was housed individually in the viewing area. Wright’s creative, hand-painted cat nooks, combined with Torrisi’s happy blankets, now provide a well-crafted, healthier, homier atmosphere.
“They do it all, and they deliver. You can’t ask for better volunteers,” Wright says of the Torrisis.
The Community School of Naples seventh-grader reflects that commitment in her goal to expand the program.
“My goal is to get every single animal shelter in Collier County to use these blankets,” she says. “We hope it inspires other moms and children.”
Supporters can also provide financial donations to further the Paws cause. A $10 donation covers the cost of one dog blanket or three cat blankets.
As a straight-A student, Elizabeth also manages to find time for school work, dance, community service and care for her own pets - schnauzers Ralphie, Emma and Lilly, a rabbit Chloe and turtles Buddy, Junior and Franky.
For more information on Mission Paws and how you can help, email missionpaws@gmail.com."
Good story.
Great idea.
Nice young lady.
Thanks, Elizabeth.
Know Your Local Pet Laws
We often discuss, cuss and marvel at the animal laws in effect throughout the various local communities in the United States.
Some are comical. Some are virtually unenforceable. Moreover, some are surreal.
I recently took a closer look at the statue in effect for the county where I live and was surprised at the number of easy and perhaps normal ways that animal owners can inadvertently violate the law.
Ordinance No. 93-56. SECTION TEN: GENERAL VIOLATIONS.
1. It shall be unlawful for the owner of an animal to allow or permit his or her animal:
A. To be upon the beaches of the County, whether fettered or unfettered, unless the area has been designated by the Board as suitable for use by such animals, except a certified seeing-eye or hearing-ear dog actually in use by handicapped person, or animals used by law enforcement officers or County ordinance enforcement personnel.
B. To run at large in or upon any public street, road, sidewalk, other public place, or upon private property without the expressed or implied consent, subject to zoning, of the owner or any lessee of such private property.
C. To be within any park or upon public school grounds or public playground in the County, including the exercising of any animal, whether fettered or unfettered, for the purpose of elimination of wastes.
D. To enter any place where food is stored, prepared, served or sold to the public, or any other public building or hall; provided however, that this provision shall not apply to any blind or deaf persons using seeing-eye or hearing-ear dogs, to public building used for animal shows or exhibitions, or to dogs used for enforcement by any law enforcement officer or code enforcement officer.
E. To trespass upon private or public property so as to damage or destroy any property or thing of value, or to defecate and create a sanitary nuisance thereon, including defecating upon roadways, road rights-of-way, sidewalks, or other property so as to create a sanitary nuisance thereon. A sanitary nuisance exists whenever the feces are not immediately removed and properly disposed.
F. To chase, run after, or jump at vehicles or bicycles using any road or road right-of-way.
G. To snap, growl, snarl, jump upon, or otherwise threaten persons lawfully using any road right-of-way.
H. To bark, whine, howl, or cause other objectionable noise, which is offensive and of such a continuous duration of time so as to create a nuisance.
I. To be abandoned and thereby relinquish control of an animal with the intent or purpose of setting the animal at large.
J. To be confined in an unattended motor vehicle without sufficient ventilation or under other conditions for such periods of time as may endanger the health and/or physical well-being of the animal due to heat, lack of potable water, or such other circumstances as may reasonably cause suffering, disability, or death to the animal.
Many of these activities are everyday and ordinary.
Perhaps you should check your local laws to make sure that you are in compliance with your pet and your community.
Don't Horse Around With Estate Planning
While we usually focus our thoughts on dogs, cats and other smaller pets, there is really no limit on the love of animls by their owners.
The Del Camino Equestrian Academy of Scottsdale Arizona, offers the following insights into estate planning for your pets.
Most people have some life insurance and a retirement plan.
They have named beneficiaries who are family members, of course.
Most responsible people with minor children at home have made arrangements in their will or trust for those children, including naming a guardian.
Do we assume that the beneficiaries of these instruments that wisely fulfill our duties to people, will share with our pets as we would wish?
You might reasonably predict that the family dog would stay in the family. But if you are single with pets, are you certain that relatives in Nebraska will fly Fluffy out from Phoenix to join them for the rest of Fluffy’s life? If Fluffy is a St. Bernard, maybe not.
How will they know which pet adoption agency to use to find him a new home?
What if that no-kill adoption center wants a support fee until he is adopted, which would be fair?
Are they going to be willing to spend $100 per month for however many months it takes to find him a home?
Who pays for those vaccinations and groomings that might come due in the interim? Oh, ALL of my relatives would take care of Fluffy. They love Fluffy as much as their own pets. Good.
Now let’s move on to your two performance horses that are boarded at a nice training facility, or your three backyard horses that you spend 3 hours per day maintaining if not riding.
One of those, by the way, is Sweet Ole Paint, a 24 year old with Cushings who won you the State Championship 15 years ago, and is enjoying a quiet retirement just keeping the younger horses company.
What is going to happen to them, if something happens to you?
They provide some probing questions and thoughts for you to consider with your planning.
You can gain further information on these plans here.
How Do Animals Cope With Death?
We have discussed the grieving process involved when we loose a pet or companion animal and some of the methods we, as humans, use to cope with this loss.
What about the animals?
A recent article in the New York Times by Natalie Angier, recently discussed some reaction so animals to death.
Ms. Angier wrote about the observations of zoo workers of a mother gorilla and her deceased baby:
Yes, we’re a lot like other primates, particularly the great apes, with whom we have more than 98 percent of our genes in common. Yet elaborate displays of apparent maternal grief like Gana’s may reveal less about our shared awareness of death than our shared impulse to act as though it didn’t exist. Dr. Hrdy, author of “Mother Nature” and the coming “Mothers and Others,” said it made adaptive sense for a primate mother to hang onto her motionless baby and keep her hopes high for a while. “If the baby wasn’t dead, but temporarily comatose, because it was sick or fallen from the tree, well, it might come back to life,” Dr. Hrdy said. “We’re talking about primates who have singleton births after long periods of gestation. Each baby represents an enormous investment for the mother.”
Go to the site and read the entire article. It contains interesting thoughts about animals, their feelings and their mortality.
More Opposition to Pet Trusts
Recently, I presented an article by Christopher Caldwell here, that formulated a very different view regarding estate planning for pet owners.
From the very active and informative site of Professor Gerry W. Beyer, comes a new position by Ray D. Madoff (Professor of Law, Boston College Law School).
You can see the entire post here.
Professor Madoff states;
“There should be a limit — a dollar amount or a percentage of the estate — on the estate tax charitable deduction. People could still give to charity as they like, but after a point they would be giving after-tax dollars. The deduction should be lower for bequests to private foundations than for money given directly to good causes.”
In opposition to this position, Leslie Lenkowsky (Professor of Public Affairs and Philanthropic Studies, Indiana University), argues:
“Whatever one might think of her judgment in leaving the bulk of her estate to care for dogs, it was her money, and as the Nobel Prize-winning economist Gary Becker wrote in his blog, "Respecting individual preferences, no matter how idiosyncratic, is one important measure of a free society, even when those tastes relate to bequests and inheritances."
Personal decisions for money usage or waste, tax avoidance or good planning, charitable use of money or beneficent ideas?
So what is estate planning for pets?
These issues will be discussed further on September 5, at a lunch session sponsored by the Hudson Institute's Bradley Center for Philanthropy.
You can be assured that the debate on this issue and philosophy is just beginning.
Hurricane Plans for Your Pets
As I write this, we are heading into the long weekend with tropical storms and possible hurricanes lined up in the Atlantic like the backed up runway at O’Hare.
If you find yourself with an impending weather emergency, you need to plan and protect your pets.
The U.S. Department of Homeland Security's Federal Emergency Management Agency has some suggestion to help:
"The family pet can be overlooked until the final frantic moments before Mississippi residents evacuate ahead of a hurricane, but a little planning can ensure pet safety and care during an evacuation.
Taking the pet along is the most important thing individuals or families can do for their animals during a hurricane evacuate ion. Pets that are left behind can be injured, lost or killed during a hurricane, say officials of the U.S. Department of Homeland Security's Federal Emergency Management Agency (FEMA) and Mississippi Emergency Management Agency (MEMA).
Pet owners should put a hurricane evacuation disaster plan in place for animals before hurricanes threaten. Evacuation preparation is a key focus of Mississippi's eight-week Stay Alert. Stay Alive. preparedness campaign in advance of the hurricane season that started June 1.
Just like with your family, evacuation plans for animals take time and planning. The most important thing you can do for your pets now is to make sure their immunizations are current and they have proper identification.
Many hurricane shelters do not allow pets, except for service animals, so it is important to identify in advance those that do. Plan ahead to insure your family and pets will have a safe place to stay.
Here are some other tips for pet owners:
• Leave early if you live in an area that may be evacuated.
• Pets should wear up-to-date identification and be micro-chipped.
• Take your animal's food with you. Stressed animals may experience intestinal problems, but using the same food will help reduce the trouble.
• Have copies of pets' vaccinations, medical records and prescriptions.
• Keep a pet carrier and leash close at hand...."
You may visit their website here for additional information.
Stay safe during the coming times and be prepared, for yourself and your pets.
Air Travel With Your Pet Requires Some Planning
Ahhhh. Labor Day weekend.
Back to school for most.
Three-day weekend for all.
End of summer.
Many of us will take advantage of the holiday to do some traveling.
Many of you travelers will take along your favorite pet companions.
If you are planning to fly, you need to know the rules of the air.
The American Kenne Club posts some tips for pet owners:
"When traveling by plane, plan to visit your veterinarian before your trip. Certification of health must be provided no more than 10 days before travel. Rabies and vaccination certificates are also required. Your dog should be at least 8 weeks old and weaned.
Airlines make it clear that it is the owner's responsibility to verify the dog's health and ability to fly. Also be sure to check the temperature of the flight's starting point and destination; it may be too hot or too cold to be safe for your dog.
Federal regulations prohibit shipping live animals as excess baggage or cargo if an animal will be exposed to temperatures that are below 45°F or above 85°F for more than four hours during departure, arrival, or while making connections. (Some airlines have additional temperature regulations for snub-nosed dogs such as Pugs and Boston Terriers.)
Remember that each airline has its own variations on regulations and services. For example, if your crate doesn't meet its requirements, the airline may not allow you to use it. They may, however, allow your dog in the passenger cabin if your crate or carrier fits under the seat in front of you.
When making your reservations, you must make reservations for your dog. There are restrictions on the number of animals permitted. They are accepted on a first-come, first-served basis..."
You may view their website here to see all airlines rules and restrictions for pet travel.
Whether you stay at home and chill or travel. Be safe and enjoy the weekend with your family and your pets.
How Much Money Is Needed to Fund My Pet Trust?
I am in the early stages of thinking about a pet trust for my cat, Alabaster. How much money will I need to put into the trust?
Shelby Carmel, Indiana
Shelby, just about anyone that you ask will have a different answer to this question.
Attorney Nancy J. Burns, of the firm of Schwartz Manes Ruby & Slovin of Cincinnati has set the following guidelines:
"To determine how much money to put into (“fund”) your pet trust, consider the following:
• life expectancy of your pet
• cost of current or future medical treatment
• trustee fees
• whether or not to compensate the caregiver
• cost of basic care items such as food, medication, and grooming
NOT TOO LITTLE, NOT TOO MUCH
You will want to set aside enough so that the trust does not run out of funds during your pet’s lifetime, but not so much to cause your heirs to contest your trust. If you put too much property in the trust, a judge may determine that the value of the trust property exceeds the amount necessary to care for your pet and order that the excess property be given back to the person who created the trust or to others named in the trust, or according to your estate plan.
NOW OR LATER
You can fund your pet trust during your lifetime or after your death. Your pet trust needs assets in it to pay for the care of your pet. If you fund your trust during your lifetime there will be assets immediately available to care for your pet if you become disabled or die. If you do not fund the trust during your lifetime and you become disabled, there would be no funds in the trust to care for your pet. If you died before funding the trust, assets may first have to pass through probate causing a delay before your trust receives funds to care for your pet."
For additional information, you may go to her website here.
We will offer differing opinions and attitudes regarding pet trust funding for your review and consideration in the future.
Shelby, at least, you are in the initial stages of planning and that is the key to protecting your pet in the future.
Pets and Storms May Not Mix
While my home is in its fifth day of rain as literal fallout from tropical Storm Fay, all and all we survived with minimal damage.
It was the first big storm test for our Cavalier Anna and she exhibited no fear of the constant thunder or the never ending flashes of lightning.
Of course, she slept a lot during that time frame, so maybe that was her way of coping with the unknown and the expectant anxiety.
Many animals are not so unaffected and the fear of storms can be a real problem for pet owners.
Doityourself.com, offers the following tips if your pet has weather issues:
Expose your dog to a soft tape recording of a thunderstorm and flashes of light.
Speak to him in a soft, soothing voice to reassure him.
Give lots of positive reinforcement if the stays calm, such as bits of cheese, a slice of apple or something else that he particularly enjoys.
Over a period of time, increase the volume of the thunderstorm recording. If he reacts calmly, reward his positive behavior.
Do not yell or get angry with your dog if he reacts negatively to the thunderstorm recording or the flashes of light. If you work with him, he will eventually overcome his fears. If you react negatively, his phobia will worsen.
Do not introduce the storm stimuli too quickly, or you will defeat your purpose and the dog's phobia will worsen.
Be sure your dog has a crate in which he feels safe and secure. This will ease the anxiety level for some dogs. Line your dog's crate with soft blankets or allow him to crawl under a bed. Anywhere he feels safe is fine, as long as it meets your approval.
Never confine a dog that has a storm phobia to a crate. He can damage the crate and inflect severe injury upon himself. Leave the door of his crate open so he can come and go as he sees fit.
Be kind to your dog when he reacts negatively to storms, but do not coddle him or give him excessive attention. This will make the phobia worse.
Remember when you were younger and hid behind your mom, when the thunder boomed?
In fact, some of us are still very fearful of storms.
Well, try to imagine your pets and their anxiety during these weather events. Be aware, be gentle and, if need be, protect them.
On the other hand, for me, the dramatic weather is one of the reasons that I enjoy living and working in the southwest part of Florida.
Protect Your Pets In Emergencies
We are currently sifting through the final remains of Tropical Storm Fay.
It came ashore about thirty miles from here, around Chokoloskee Island (south of Everglades City) early Tuesday morning.
In my abode, we are lucky; most of this county is without power and cable.
We are going to be busy picking up and cleaning up for most of the next two days.
I though that this would be a good time to again remind all pet owners of some general safety tips regarding their pets and hurricanes, but most of this information applies to emergency weather conditions in general.
These tips on pet-friendly shelters come courtesy of FloridaPets.net
Why pet-friendly shelters?
1. As of 2006, they're required - or no FEMA funds to help
According to the Pets Evacuation and Transportation Standards Act (PETS) of 2006, state and local emergency preparedness operational plans must address the needs of individuals with household pets and service animals following a major disaster or emergency IF they want to qualify for grant $$$ from FEMA. The Act gives FEMA authority to help communities develop pet-friendly shelter facilities and practical assistance for individuals with pets and service animals, and the animals themselves, following a major disaster. Some counties think just saying they will not have a pet-friendly shelter until later and offering names of a couple of motels miles away on their Web site that "used to" accept pets is "addressing the needs." That is incorrect. Actually, the PETS Act does away with all the excuses from county and city governments without pet-friendly disaster plans.
While this is indeed progress, it has come at great cost. Laura Maloney, head of the Louisiana chapter of the SPCA, said as many as 70,000 pets were either killed or abandonded after Katrina left much of New Orleans under water in August 2005.
2. They're part of responsible pet guardianship
People who have pets are responsible for their health and safety and must have a plan during a disaster that includes those pets. That plan should not include leaving them tied to trees during the storms or left in empty house with a little food and water. As Hurricane Katrina showed all of us, the lives of both humans and their beloved pets depend on the humans being prepared, being smart and staying smart. Of the 70,000 pets who died or were abandonded as a result of Hurricane Katrina, only about 15,000 were saved and only 20 percent of those were reunited with their owners. The rest ended up in various shelters around the United States. Many are probably still wondering where their families went.
3. They're ethically correct. Pets are a barometer of our humanity
For many people, pets are part of the family. It's ethically vital to help people keep all members of their family safe. A 2006 survey found that 44 percent of those in New Orleans who remained at home did so because of a pet, while only 18 percent failed to evacuate because they wouldn't leave a family member behind.
Plan in advance.
Locate and pre-register with pet friendly shelters in your neighborhood.
You are responsible for your pets and their safety.
New Pet Projects Amid Tropical Storm Fay
We have a couple of things happening in the world of the pet owner at this time that are generating some excitement.
Last week, I spoke with Andrea Levine, the Associate Producer of the television show ,“Animal Planet”.
Check it out here, if you have not been viewing the programs.
Ms. Levine has asked me to assist her, if I can, with some background information for a future show segment.
I am please that she thought of us in this area and look forward to working with her.
In addition, I am going to meet with some entrepreneurial pet lovers to discuss a novel idea for the use of pet trusts and an expanded role for caretakers.
I do not mean to be secretive, but there currently is a confidentiality issued involved.
I will provide further information of this project when given the opportunity.
Finally, as I write this, Tropical Storm Fay is just leaving Cuba and heading toward south Florida.
Floridians have been warned to keep a close eye on this possible weather problem for the next 48 hours.
We are preparing to do whatever becomes necessary, if we are forced to react to adverse weather.
We have been here before and know the drill and routine.
Hope to contact you soon.
Florida Revocable Trust Gives Pet Owners Unwanted Twist
We are always searching for new ways and methods to protect pet owners from excessive liability for the actions of their animals.
Jacksonville Attorney David M. Goldman regularly writes his Florida Estate Planning Blog.
He recently had a very interesting post regarding the twists and turns of Florida Trust Law and the liability of pet owners.
He story and reasoning follow:
..."Seven weeks ago, I got a new puppy. I was thinking of a way to protect myself from Florida's Strict Liability for Dog Bites. Most states have a one free bite rule, but Florida does not and makes the owner of the Dog liable for all damage by the dog from the first bite.
In walks the Florida Revocable Trust. I began thinking that if you set up a separate revocable trust that owned the dog, you could transfer the liability of the dog's future actions to the revocable trust.
I began reading the Florida Statutes and sure enough the statute states that the "owner" is the party liable. Figuring that this must be too easy, I kept reading. It seems that when the state creates statutes, the often hide the real details in some other part of the statute. Sure enough after a few minutes I found that "Owner" as defined in the statute means any person, firm, corporation, or organization possessing, harboring, keeping, or having control or custody of an animal or, if the animal is owned by a person under the age of 18, that person's parent or guardian.
So while the trust would be liable as the owner, so would the person who the animal was staying with and the person keeping the animal, and the person in control or custody of the animal at the time of the attack.
So what did I learn from this exercise? You should be very careful when offering to take care of someone's pet while they are out of town as the person in control and / or custody is just a liable as the person or entity that owns the animal. More over your homeowners insurance may cover your liability as an owner, but I am not sure if they would cover damage caused by a pet that you did not own.
The only other way to protect yourself from liability is to have good insurance and / or protect your other assets..."
Some thoughts to ponder from Mr. Goldman.
Talk with your attorney and insurance broker if you are a pet owner in Florida.
Protect yourself and your pet.
Florida Court Changing Attitude Toward Pets?
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.
We discussed here that a Naples,Florida couple filed a legal action against their veterinarian for a “writ of replevin” for the return of their 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 chattel (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.
Well, recently a Florida court has provided an expansion of actions for pet owners. (Loli v. Mitvalski)
A Tampa court has held that although the Courts have historically held that pets are mere chattel or personal property, there may be exceptions.
In this case, the owner of a dog incurred over $4,000.00 in vet bills when her dog was attacked by another dog. The Trial Court awarded her the damages for the payment of the bills and the defendant argued that the amount of the award was excessive, as the total value of the injured dog was only $1,200.00.
The Appellate Court agreed with the lower court, upheld the judgment amount and wrote:
"However, as Appellee makes abundantly clear, we are not just talking about a car, a piece of land, or a database. Here, the subject "property" is a pet dog. (We acknowledge that it is not a seeing-eye dog or other specially useful dog). None of the case law submitted takes the instant facts into account. Given the emotional attachment that humans have with their pets, many feel that pets should not be viewed strictly as "chattel," and emerging case law supports a reevaluation of the traditional view...
We do not feel our decision here will open the floodgates of lawsuits seeking excessive damages for injured dogs..."
The legal world of pet owners is changing.
Even in old Florida.
Delaware Passes New Pet Trust Legislation
In May of this year, I wrote here that Delaware had no statutory Pet Trust, but that there were other options available for estate planning for pet owners, including the traditional pet trust
Now, Delaware has joined the ever growing list of states with a Statutory Pet Trust.
Professor Gerry W. Beyer is a faculty member of the Texas Tech University School of Law. Professor Beyer summarized the new legislation as follows:
o A trust for the care of one or more specific animals living at the settlor’s death is valid.
o The trust ends upon the death of all animals living at the settlor’s death which are benefit by the trust.
o The settlor may name a trust enforcer.
o If the settlor did not name an enforcer (or if the named enforcer is unwilling or unable to serve), the Court of Chancery may appoint an enforcer.
o A person with an interest in the animals may petition for the appointment or removal of an enforcer. This interest cannot be merely a general public interest; the petitioner must have an actual interest in the specific animals covered by the trust.
o Trust property may be used only for its intended use.
o When the trust ends, any remaining property passes according to the terms of the trust.
o The settlor (or other owner of the benefited animal) may transfer ownership of the animal to the trustee upon trust creation or thereafter.
o If the intended owner disclaims, the trustee becomes the owner unless the trust provides otherwise.
o The trustee must provide the animal with the care the settlor directs in the trust or, if the settlor did not provide instructions, the care that is reasonable under the circumstances.
o The trustee may employ agents to provide care to the animal and pay for the care from the trust property.
o The term “animal” is broadly defined to be “any nonhuman member of the animal kingdom.”
Interestingly the statute also states that "Plants and inanimate objects are not included. "
The entire statute can be found here.
Pet owners in Delaware now have more options than ever to plan for the future care and well being of their pets.
Use the tools that are available to you.
Pet Trusts Are American Decadence?
It is no surprise or secret that I am usually a very strong proponent of estate planning for pet owners, pet trusts and emergency planning for your pets in general.
I have also tried to present differing views of this philosophy.
Well, here is definitely an opposing view.
From the other side of the pond, Harvard graduate Christopher Caldwell, the Senior Editor of the Weekly Standard and a contributing writer for the New York Times magazine, comes an article in the London based Financial Times, in which he provided a strong opinion of Pet Trusts.
Mr. Caldwell wrote…
" But if the adjective “generous” needs to be treated with care when we speak of living benefactors, it is wholly irrelevant when it comes to bequests, for here the separation of the giver from his money is involuntary. Stockpiling that money into a foundation where it can “do some good” may be farsighted and it may be misguided. It may mean you care more for your pet projects (or your pets) than for your family. It may mean that you wish to spare your family from the curse of idleness. But “generosity” does not come into it.
The decadence that has lately characterised Americans’ treatment of their pets – dog bakeries, dog restaurants, doggy day-care outlets where dogs can watch dog-themed movies – has now found legal expression. Leaving money for the upkeep of a pet used to be done by naming a (human) beneficiary to take care of it. Today, pets such as Trouble ( the late Leona Helmsley’s dog) can themselves be made beneficiaries through “statutory pet trusts”. (This naturally raises the question of whether Trouble – a notoriously nippy pup – can be sued.) Through such trusts, testators can give specific instructions about favourite foods and so on. Trouble, it has been reported, continues to be spoon-fed by Helmsley employees off a silver platter. "
You may read his entire article here.
Seems to be a little harsh, but everyone is certainly entitled to their opinion.
I wonder if Mr. Caldwell has any pets.
Need a Private Dectective for Your Lost Pet?
The mental and emotional strain of a missing pet can quickly take is toll on you and your family.
There are many organizations to assist you if your pet is lost or runs away.
There are even private pet detectives and private investigators that you can hire, with hourly rates from $100.00 and daily tracking of your pet for $1,000.00 per day.
Missing Pet Partnership is a not for profit organization that concentrates on this issue.
Their website explains their mission.
Missing Pet Partnership is a national, nonprofit organization dedicated to reuniting lost companion animals with their owners/guardians. We offer behavior-based lost pet recovery tips, referrals to lost pet services, and Missing Animal Response (MAR) seminars that train professional and volunteer pet detectives (many with search dogs trained to locate lost pets) to conduct CSI-like investigative searches that bring lost companion a nimals back home.
They can assist you in the location of a pet detective should you need one.
They also offer their MAR seminars in many areas of the country.
The MAR Technician course teaches the basics regarding how and where to search for a lost pet. It is a 5-day course and involves classroom training, dog training, and in some cases participation in a lost pet investigation. Upon completion of the seminar, graduates will be able to immediately start offering fee-based lost pet services like TAR (trap-and-reunite) services to recover displaced cats, shelter checks, neighborhood checks, flyer distribution services, and/or responding with a MAR search dog in an attempt to locate and recover a lost pet. Graduates have the option of using their training to volunteer (e.g. with animal rescue groups, shelters, etc.) or they can offer fee-based lost pet services. The training in this course includes CSI-like law enforcement-based techniques and technologies such as the application of search probability theory, deductive reasoning, strategic planning, Feline Behavioral Profiling, and the use of high-tech equipment like search cameras, amplified listening devices, and humane traps with baby monitors. MAR Technician's are trained and certified to use a combination of snappy snares, calming signals, and a "magnet dog" to attract and capture a panicked, stray (lost) dog.
If you want to volunteer to help other pet owners in distress, learn more from their website.
Hopefully you will never need the Missing Pet Partnership or other similar organization.
But, at least you have the knowledge that others are there to help you during the stressful time of a missing pet.
Palms Can Be Poisonous to Your Pets
One of the reasons that I like living in South Florida is the extensive variety of plant life.
We have saw grass, witch-hazel, black eyed Susans, beach daises, and Saint John’s Wort,
And palms.
Goodness, do we have palms.
We have over 200 different types of palm trees alone in the Sunshine State.
King, areca, bamboo, coconut, sabal, royal, Washington and majestic palms. Just to name a few.
Because of their abundance and seeming ability to grow everywhere and anywhere, I was surprised and dismayed when I saw a recent story about Sago Palms.
The Sago is a very popular landscape item.
But most people don’t realize that it is not a palm at all, it is a Cycad, a group of plants that are very primitive in their origins. Some believe that cycads have evolved little since the days of the dinosaurs.
The Sago Palm is the most propagated and sold cycad in the world.
But, according to the American Society for the prevention of Cruelty to Animals, the Sago can be deadly to your pets.
"Though attractive with its dark green leaves and hairy trunk, the plant is highly toxic to cats and dogs. Common signs of Sago palm poisoning include vomiting, diarrhea, weakness, depression, seizures and liver…"
You can read the entire story here.
But, make sure that you can identify this small palm tree and realize the danger that it can be to your pets.
Coping With The Loss of Your Pet
My cat, Mr. Tuffs, recently passed away. We lived together for 15 years and I am heartbroken. I am so sad I can hardly work, am I just being silly?
Sandra San Diego, California
Sandra, you have my sincere condolences.
You are not being silly at all; the loss of a companion or friend is difficult, at best.
There are numerous ways to help you cope with the process.
The Human Society of the United States has some general tips for assistance:
"While grief is a personal experience, you need not face loss alone. Many forms of support are available, including pet bereavement counseling services, pet-loss support hotlines, local or online Internet bereavement groups, books, videos, and magazine articles. Here are a few suggestions to help you cope:
• Acknowledge your grief and give yourself permission to express it.
• Don't hesitate to reach out to others who can lend a sympathetic ear.
• Write about your feelings, either in a journal or a poem.
• Call your local humane society to see whether it offers a pet loss support group or can refer you to one. You may also want to ask your veterinarian or local animal shelter about available pet loss hotlines.
• Explore the Internet for pet loss support groups and coping information.
• Prepare a memorial for your pet."
You can read the rest of their suggestions here.
Just remember that you are not alone in any grieving process.
Lean on your friends and family.
We all must face the loss of a loved one at some time.
Knowing that, does not make it any easier.
Nice Words from The San Francisco Chronicle
Ms. Pender was kind enough to mention our blog in her column on Sunday July 27, 2008.
The article contains some varied views as to the necessity of estate planning and the use of pet trusts.
It also sheds a different light on some type of pet owners and their attitude toward their pets.
You may review the entire article here.
Let me know your thoughts and reactions.
Too Much Legalese for Your Pets?
I had a long conversation Friday afternoon with Kathleen Pender.
Ms. Pender is a well written and well respected writer for the San Francisco Chronicle.
She regularly reports on local, national and international economic and business events.
Recent stories have covered the failure of IndyMac Bank, the influx on foreign money and investment inroads into the United States, the still declining housing market, how the downgrading of bond insurers has a direct effect on the sock market and the basics of heath savings plans.
Our conversation was a little less complicated, as we discussed the newly passed California Pet Trust Statute.
As we talked about pet ownership, estate planning and the role of the Trustee and the Caretakers, she posed an interesting question.
Why, she queried, should the courts take up valuable time dealing with pet trusts, statutes, Trustees, estate issues with probate, emotional distress trials for pet owners, custodial disputes and other pet issues.
Surely there were more important items for the judges and courts to entertain.
My only response was that the courts are currently reviewing more and more of these issues, whether we like this change or not.
More households have pets than have children.
If pet owners did not have the passion and concern for their pets, they would not seek help from the courts.
If these cases were not brought in to the legal arena, they would not have the same import and legislators would not feel the need to enact more laws as the behest of their voters.
The Courts interpret the laws.
Legislators write the laws.
Laws that they deem necessary; to please their constituents.
The voters.
The role of pets in our lives will only increase as time passes.
California Enacts New Pet Trust Legislation
It has been said many times, that as California goes…so goes the country.
Well, in the area of estate planning for pets, California has not been a leader, but recently joined the enlightened ranks of numerous other states.
We originally wrote about the proposed legislation here
The Legislative Counsel’s Digest ( of California) states the following on the proposed changes;
"Existing law provides that a trust for the care of a designated domestic or pet animal may be performed by the trustee for the life of the animal, whether or not there is a beneficiary who can seek enforcement or termination of the trust and whether or not the terms of the trust contemplate a longer duration. ..
"This bill would repeal the provisions regarding domestic or pet animal trusts and would provide instead that a trust for the care of a designated domestic or pet animal is for a lawful noncharitable purpose and terminates when no…designated animal is living on the date of the…settlor’s death…unless otherwise provided in the trust …The bill would require a court to liberally construe a pet trust to bring it within the bill's provisions, to presume against an interpretation that would render the disposition a mere request or an attempt to honor the pet, and to carry out the general intent of the trust. The bill would provide an order of disposition of trust property upon termination of the trust and would provide authority for the court to name a trustee and to transfer trust property, as specified. This bill would permit…any person interested in the welfare of the pet animal or any nonprofit charitable organization…that has as its principal activity…the care of animals to… petition the court regarding the trust, as specified…"
We are now pleased to inform you that as of July 22, the proposed legislation has been passed and assigned by Governor Schwarzenegger.
The full legislation can be found here.
Welcome California, to the new millennium.
Put the new statute to use for you and your pets.
Want to Help The Wild Free-Roaming Horses and Burros?
In 1971, Congress passed the Wild Free-Roaming Horses and Burros Act.
This strangely named legislation was enacted to:
"require the protection, management, and control of wild free-roaming horses and burros on public lands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress finds and declares that wild free-roaming horses and burros are living symbols of the historic and pioneer spirit of the West; that they contribute to the diversity of life forms within the Nation and enrich the lives of the American people; and that these horses and burros are fast disappearing from the American scene. It is the policy of Congress that wild free-roaming horses and burros shall be protected from capture, branding, harassment, or death; and to accomplish this they are to be considered in the area where presently found, as an integral part of the natural system of the public lands."
Now, according to the ASPCA. a proposed major change will potentially be devastating .
“The Bureau of Land Management (BLM) is the agency within the U.S. Department of the Interior that administers America's public lands, including the animals who call this land home.
As part of its wild horse management program, the BLM has spent the past several years rounding up wild horses and keeping them in private, long-term holding facilities—which is expensive. Now, the agency wants to euthanize thousands of healthy horses, claiming it is too costly to feed and care for them. The ASPCA encourages the BLM to explore other solutions, including but not limited to reopening additional land for the horses and increasing certain contraception programs that have already proven safe and effective.
For more information and possible course of action you may visit their website at ASPCA.
Rhode Island Pet Trusts
Can you provide any additional information for Estate Planning for Pets in my state?
Peggy Scituate, Rhode Island
Peggy, Rhode Island has had a statutory Pet Trust since 2005.
Animallawinfo.com, provides a summary of the law:
"This law represents the state's pet trust law. The law 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 provided for the care of more than one animal alive during the settlor's lifetime upon the death of the last surviving animal. The statute lists a distribution schedule for any remaining trust property and also states that such trusts are to be liberally construed to carry out the transferor's intent."
The Rhode Island State statute reads in full as follows:
(a) A trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal, or if the trust was created to provided for the care of more than one animal alive during the settlor's lifetime upon the death of the last surviving animal.
(b) Except as provided in this section, the provisions of the general laws which govern the creation and administration of express trusts applies to the trust for the care of an animal.
(c) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court. A person having interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove the appointed person. The appointed person shall have the rights of a trust beneficiary for the purpose of enforcing the trust, including receiving accountings, notices, and other information from the trustee and providing consents.
(d) Property of a trust appointed by this person 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. Property not required for the intended use, including the trust property remaining upon its termination, shall be distributed in the following order of priority:
1) As directed by the terms of the trust;
(2) To the settlor, if then living;
(3) Pursuant to the residuary clause of the settlor's will;
(4) To the settlor's heirs in accordance with the Rhode Island general laws on descent and distribution.
(e) A governing instrument shall be liberally construed in order to presume against the merely precatory or honorary nature of the disposition and to carry out the general intent of the transferor. Extrinsic evidence is admissible in determining the transferor's intent.
(f) If a trustee is not designated or designated trustee is not willing or able to serve, the probate court shall name a trustee; a court may order the transfer of the property to another trustee, if the court makes a factual finding that it is necessary to assure the intended use is carried out and if a successor trustee is not designated in the trust instrument or if a designated trustee does not agree to serve or is unable to serve.
The Rhode Island format follows the majority of States with pet trusts.
Discuss this with your team of professional advisors, take advantage of this statute and prepare to plan for you and your pets.
How Dangerous Is Your Dog?
There is a constant debate about the most dangerous breed of dog and many localities and states are trying to pass legislation that will significantly diminish or disallow altogether, the ownership of some breeds as pets.
According to Propeller.com
In 2007, there were 33 human fatalities as a result of dog bites. Forty-five percent of the attacks occurred to adults over the age of 18, and 55% occurred to ages below. Pit bull type dogs were responsible for 67% of fatalities; the next closest breed was the rottweiler at 12%.
But all dog breeds are potentially dangerous. In 2000, the Centers for Disease Control (CDC) reported that 25 breeds of dogs were involved in 238 fatal dog bites from 1979-1998. Here it is the compiled list of the most dangerous dog breeds:
1. Pit bull is one of the most brave and dauntless dogs that usually takes on any opponent. Therefore they take part in dog fighting. It is common knowledge that this dog breed can even mangle the human to death as pit bull locks its jaws onto the booty until it is dead.
2. Rottweilers Due to their intense territorial instinct these dogs are very aggressive. Rottweilers are commonly used as guard dogs.
3. German Shepherd This breed of dogs is known as a smart and vigilant one. As German Shepherds proved to be confident and fearless local authorities such as the police K-9 unit use German Shepherds as a police dog.
4. Huskies Despite of their energy and intelligence this breed is not regarded a good guard dog. It is caused by its kind temperament and personality characteristics. However it should be marked that between 1979 and 1997 fifteen fatal cases were caused by huskies.
5. Alaskan Malamutes This breed requires a lot of exercises to be happy as being bored they become disobedient. On the whole their characteristic features are energy and activity.
Remember, any dog can bite. No matter what the breed or temperament.
Your pets and their behavior are your responsibility.
Act accordingly…
Planning For Your Parrot
Most of your information revolves around cats and dogs. I have a number of large birds as pets and am concerned about their care if something happens to me…any suggestions?
Luigi Madison, Indiana
Luigi, there are any number of refuges for birds, especially larger ones, located throughout the United States.
One of them, The Lucky Parrot Sanctuary, is located just outside of Naples, Florida.
According to the website, their mission is to:
Provide a haven in a natural setting, for homeless, abused, and/or unwanted parrots.
The Parrots now live and thrive out of doors in this sub-tropical climate.
The various species do not all get along with each other, and for this reason no single structure will suffice for all the Lucky Parrots.
We maintain four outdoor full flight aviaries so that the parrots can do what they were born to do, fly.
Today Lucky Parrot offers permanent sanctuary for hard-to-place older parrots and those who no longer make good pets.
The sanctuary does not breed, buy, sell, or broker parrots, and they do not process adoptions (although they can suggest potential adoption sources).
Lucky Parrot is a 501(c)3, nonprofit humane organization staffed by volunteers. 100% of all donations are used for the benefit of the parrots. The organization has been accredited by both The American Sanctuary Association (ASA) and The Association of Sanctuaries (TAOS).
In light of the fact that some parrots can live for seven or eight decades, you are wise to begin planning for the care of your birds.
The Lucky Parrot Sanctuary is only one of many that stand ready to assist you in your planning with your pets.
Pet Trusts Are Available In Iowa
We recently received a phone message from an unidentified caller that asked about the availability of a Pet Trust for the state of Iowa.
Since 2000, Iowa has had a Statutory Trust available for use by pet owners.
The Iowa Code provides as follows:
633A.2105 Honorary trusts — trusts for pets.
1. A trust for a lawful noncharitable purpose for which there is no definite or definitely ascertainable beneficiary is valid but may be performed by the trustee for only twenty–one years, whether or not the terms of the trust contemplate a longer duration.
2. A trust for the care of an animal living at the settlor’s death is valid. The trust terminates when no living animal is covered by its terms.
3. A portion of the property of a trust authorized by this section shall not be converted to any use other than its intended use unless the terms of the trust so provide or the court determines that the value of the trust property substantially exceeds the amount required.
4. The intended use of a trust authorized by this section may be enforced by a person designated for that purpose in the terms of the trust or, if none, by a person appointed by the court.
The law is fairly simple and straight forward.
Contact you professional team for more assistance.
Hawkeyes have tools at their disposal for estate planning for their pets.
Put them to use…
How Much Is Too Much For Your Pet?
We have written extensively about the role of the Trustee and the Caretaker in your pet’s estate planning process, here here here and here.
The more written information and clarification that you can provide for them will only assist the process of caring for your pet after you have gone.
We have also discussed Leona Helmsley’s will and the millions of dollars that she left to her dog, Trouble.
A recent article in the New York Times now reports that the “mission statement” of Ms. Helmsley specifically states that her entire estate, of some $8 billion, is to be used for the care and welfare of animals.
With this much money at stake, we can be assured that the litigation in this probate process is set to continue for years, If not decades, to come.
You can read the entire article, here .
We fully encourage estate and emergency planning for owners of pets and companion animals.
But, we also urge you to use good sense in your planning.
Perhaps, just perhaps, that $8 billion, or a part of it, could be used for a different need or cause.
Just a thought.
Plan well for your pets and plan now.
Does Your Dog Graze on Grass?
So, I am walking the dog that may or may not be allowed on beaches in Florida and probably has more estate planning than Donald Trump, and notice once again, they she seems to be infatuated with eating our lawn.
This time for some unknown reason, I decide to do some research to see if thisactivity is good bad or indifferent for her.
According to the Pet Library , nearly every dog eats grass sometimes, and some dogs eat it all the time.
The short article is here:
"You would think that veterinarians would have a pretty good idea by now of why they do it. But they don't, mainly because no one has figured out how to ask dogs two important questions: "Do you like the taste?" and "If it tastes so good, why do you throw it up?"
If only dog's could talk! But if you are like many dog owners who live in a grassy area you would swear sometimes that your dog is an Angus. Dogs just lay out in the yard and graze just like a cow. Dogs explore their worlds with their noses and mouths. And there's the grass, attractive, sweet-smelling, with an appealing texture; and it's ever-so-accessible on the ground. Why not eat it?
Dogs are remarkably flexible in their tastes. They'll polish off a bowl of dried dog food, then walk over to see if there's anything good in the trash. If they're still hungry, they'll wander upstairs to see what's in the cat's box. Basically, they'll eat, or at least sample, whatever they find in front of them.
There's a good reason for their liberal tastes. Unlike cats, who evolved solely as hunters, dogs survived by scavenging. When they couldn't catch live prey, which was a lot of the time, they'd eat the ancient equivalent of roadkill. They didn't care too much if had been lying in the sun for a week or was half-buried under old leaves. It was food, and they weren't going to pass it up. When meat wasn't on the table, they'd root around for tender leafy stalks, or roots, or an old polished bone. They simply weren't fussy, and dogs today haven't gotten any fussier. They're predisposed to like just about everything.
In addition, there's some evidence that dogs get cravings for certain foods. It's possible that dogs occasionally get a hankering for greens, just as people sometimes go to bed dreaming about mashed potatoes and meat loaf. It's not as strange as it may sound. Grass was part of their ancestors' regular diets.
Dogs are omnivores, which means they eat meat as well as plants. They don't need grassy nutrients any more because most commercial dog foods are nutritionally complete. But dogs aren't nutritionists. They don't know or care that they've already gotten their vitamin or mineral quotients from a bowl of kibble. Their instincts tell them that grass is good, so they eat it. Besides, there's a world of difference between satisfying the minimal nutritional requirements and having a great meal. And for many dogs, a mouthful of grass clearly tastes great. It's like a salad - they eat some, then want more.
Even dogs who usually don't eat grass will head straight for the nearest patch when they're feeling sick. They'll gobble a few mouthfuls, retch, and then throw up, or at least try to. Veterinarians still aren't sure if dogs eat grass because their stomachs are upset or if their stomachs get upset after they eat grass. However, many vets suspect it's the former, because dogs who are energetic and perky seem to be able to eat grass without getting sick afterward. It seems likely that there's something in grass that does stimulate the urge to vomit.
The stomach has all kinds of neuro-receptors that respond to what dogs ingest. They react to acidity, chemical content, and textures. The texture of the grass has something like a tickle effect on the stomach, which may induce vomiting.
This tummy tickle may explain why healthy dogs can eat grass without getting sick. They take a mouthful, chew it thoroughly and swallow, then reach down for some more. Dogs who are sick, however, appear almost desperate for the grass. They don't chew it carefully or savor the taste. They gobble it. Without the chewing, those prickly little stalks hit their stomachs all at once.
This may be what stimulates the urge to throw it all back up - along with whatever was irritating their stomachs in the first place. They can't stick their fingers down their throats or ask for syrup of ipecac like people can, so eating grass is something that works. And once dogs find something that works, they tend to stick with it.
Unless your dog is in the habit of regurgitating grass on the dining room floor, there's no reason to worry about it. Dogs have been eating grass for thousands or tens of thousands of years, and there's no evidence at all that it's bad for them. That isn't the case, however, when grass has been treated with insecticides, herbicides, or other chemicals. Most products say on the label whether they're dangerous for pets. In any event, you should certainly keep dogs away from grass soon after chemicals have been applied. Most products break down fairly quickly, but they can be quite dangerous if your dog eats them while they're fresh.
Oh well, now we all know more about our grass eating machines.
Pets On the Beach?
I just returned from a long weekend on a small quiet island. (Read remote-no shopping-no-restaurants-no attractions).
I had a lot of time for thinking and I am still trying to understand the laws in this state.
In the county where I live, for example, there are absolutely no pets allowed anywhere on any of the public city beaches.
No exceptions.
Yet, step one foot inland from the beach to the adjacent city park and pets on leashes are perfectly acceptable.
Pets are not allowed in the county parks, except for one that has a dog run.
Oh, there is a county park with a lake and once a month; pets are allowed in the lake, with their owners, for four hours.
The county directly north of us has a dog beach that is open daily.
Some of their county parks allow pets and some do not.
Some state beaches are pet friendly, most are not. And the state parks are all over the place with varying rules. Some have open runs; some have leash rules and others strictly prohibit any pets.
How does all of this relate to the remote island?
The county where it is located allows no pets on any of its beaches.
However, a County Sheriff we spoke with, on the beach, said that pets on the beach are okay as long as they are not a problem.
With that, we walked on with our dog, enjoying the small quiet island.
What a state.
If I cannot understand the laws, how can our visitors?
Oh well, bring your pets and plead ignorance.
Enjoy the Holiday Weekend With 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, offers these tips for you and your pets.
"1. Make sure to keep your pets away from BBQ’s, sparklers, fireworks and citronella candles. As with all members of your family, these items should be used with adult supervision and should never include your pets. Not only does the noise of fireworks scare them, but accidents can happen while dealing with fire. If you can’t supervise your pet closely, please keep your animals inside, away of the festivities.
2. Do not use any sun screens or other summer sprays on your pets that are not made especially for them. If you have a high presence of insects and they are bothering your pets, or they will be out in the sun, please consult a veterinarian on inset repellents and sun screens that are safe for animals.
3. Do not place glow ropes or other festive party favors on your pets. If digested, these items could cause sever health problems or even death.
4. Do not take your pet with you to large celebrations. Excessive noise, fireworks and unsupervised food or drink can be either overwhelming or unhealthy for your animal. Leave them at home, in a peaceful and secure area. Do not leave them in your car ever.
5. Always keep and ID tag on your pet’s collar. With fireworks, comes anxiety from pets, sometimes resulting in escape attempts or bolting. The 4th of July accounts for many lost pets. Having ID on your pet will get her home faster.
6. Keep your pet hydrated. Don’t forget to refill your pet’s bowl with water during your celebration.
7. Is your pet spooked by the “boom” of fireworks? If you are leaving your pets at home, please be sure that they can’t escape by digging under or jumping over a fence. If your yard isn’t fenced at all, you certainly want to keep them inside. If your pet is normally chained, it could strangle itself. You may want to safely confine them to a room or crate if they tend to react strongly to the noise and confusion. Play music or the TV for them to help block the noise outside. You may also want to talk to your vet about medication options.
8. Above all, be patient. Be prepared for accidents on the carpet and take the time to secure your home and backyard..."
Enjoy the weekend with your family, friends and your pets.
Trust Protector-A Good or A Bad Thing?
Denise of Merlin, Oregon, had posed a question regarding the definition of a Trust Protector. We turned to Senior Counsel Sharon C. Nelson of Foley & Lardner, LLP, here and here to help us with these issues.
...In the right circumstances, the use of a trust protector can be invaluable in giving the grantor the peace of mind that his intent will be carried out even if the laws or circumstances of named beneficiaries change. On the other hand, granting broad powers to a trust protector can cause unintended results and change beneficial interests that the grantor never intended. Before including a trust protector in any trust document, the grantor should have the opportunity to carefully consider the possible consequences of giving someone the powers he or she is contemplating. Most importantly, if a grantor does decide to add a trust protector to a trust document, the drafting attorney should carefully define and specify the powers of the trust protector, the limitations placed on the trust protector and the intent of the grantor in naming the protector.
When you meet with your attorney and other consultants to discuss your estate planning for your pet, do not forget to talk about a Trust Protector.
What is A Trust Protector?
I mentioned the possible use of a pet trust to my insurance broker and she asked if I had considered a Trust Protector. What is this and what does it do?
Denise Merlin, Oregon
Senior Counsel Sharon C. Nelson of Foley & Lardner, LLP, wrote a very clear understanding of this issue
"The use of trust protectors in trust documents is becoming more and more popular in today’s estate planning environment. The purpose of a trust protector is to provide flexibility to an irrevocable trust. However, before adding a trust protector to any documents, the grantor should carefully weigh the advantages and disadvantages inherent in the role of trust protector...
The trust protector holds a power to direct the trustee in matters relating to the trust. The role of the trust protector and the ability of the trust protector to direct the trustee will vary from trust to trust depending on specific drafting. The greatest advantage of having a trust protector named in a trust document is that it adds flexibility to the trust and allows the grantor to delegate someone to deal with almost every conceivable future circumstance. This is very attractive in today’s changing estate planning environment where the tax law is in flux. Use of a trust protector can allow amendment of the trust document to achieve positive tax results and allow administration consistent with the grantor’s intent when circumstances change...
The greatest disadvantage to the use of the trust protector is that the grantor is vesting significant power in one person. In addition, because the trust protector is often given the power to amend the trust to take into account the changes in the tax laws, beneficial interests may be altered. Finally, a common complaint of naming a trust protector is that it adds another level of administration and administration expenses..."
Next we will look at her discussion of who should serve as a Trust protector.
What is Conversion?
In a recent post here, we talked about an action in conversion.
I received an inquiry as to what this meant.
In general terms, conversion is an interference with someone else’s ownership of personal property. It is a general intent tort, or a civil action. (Although there can be criminal conversion)
Conversion deprives the rightful owner of the possession and use of his /her property.
The defendant's (the one who wrongfully is in possession of the property) reasons for the act generally cannot be used as an excuse. It is irrelevant that the defendant made a mistake in possessing the property.
The standard remedy for conversion is a money judgment for damages in an amount equal to the fair market value of the property or an immediate return of the property. Punitive damages (if a defendant commits an act that is malicious or intentional, possible excess money damages may be awarded to punish the defendant), are also possible because conversion is an intentional tort.
If you sneak into the garage next door and take your neighbor's golf clubs and keep them for yourself, he/she may bring an action against you for conversion.
Pet Custody Dispute Heads to Texas Court
There are probably more pets in this country than there are children.
Therefore, it is no coincidence that pet custody cases are on the rise.
We have discussed many times, such as here and here that although pet owners consider their animals a part of the family, most courts still consider them only to be personal property.
Here is another reported case involving a“custody “dispute over a pet
The Southeast Texas Record recently reported on a custody story. According to reporter, David Yates, the facts are as follows:
" A run-of-the-mill family feud has spilled into the civil realm over custody of a pet.
Given power of attorney by his father, a disgruntled brother has filed suit against his sister. The issue: the sister allegedly made off with the father's dog, Little Vicky.
Seeking punitive and mental anguish damages, J.W. Rogers sued his dog-nabbing sister, Lauren Jean Freedman, on June 9.
On Father's Day six years ago, J.W. Rogers and his wife Debbie gave his father Victor Rogers a dog named "Little Vicky," according to the suit.
"Little Vicky became a loyal and trusted companion and informal therapy dog to Victor Rogers," the suit states. "Little Vicky routinely slept next to Victor Rogers or bedside. Little Vicky also became somewhat of a watch dog for the household at night."
In his suit, J.W. goes on to say Victor is an animal lover and Little Vicky was a source of happiness for him until his sister robbed her father's happiness when she came to visit him at his Beaumont home during the 2008 Passover holiday.
"When Defendant Freedman returned to California, she took Victor Rogers' dog with her without permission or approval," the suit says.
"In fact, perhaps knowing she was acting inappropriately, she simply left a voicemail for J.W. Rogers telling him she was taking Little Vicky. Little Vicky is greatly missed by Victor Rogers. J.W. Rogers has made numerous attempts to have the dog returned to his father, all to no avail."
J.W. says he is entitled to recover conversion, intentional infliction of emotional distress, actual damages and punitive damages from his sister for her wrongful behavior.
He is demanding a jury trial..."
It will be interesting to follow this case and the decision that is rendered in this fact situation.
It may be another small step in the evolving law of pets as personal property.
Rules For Vacation Travel With Your Pets
With the Fourth of July weekend fast approaching, many of you will be traveling, even in the face of unacceptable gas prices,
The question again will arise…do we take the pets or not?
EzineArticles.com and author CS Swarens, offer 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, all. Follow it, if you chose to travel with your pets.
They are your responsibility…
Check Your Local Pet Statutes
I am always interested in researching and learning about the laws of the various local, state and federal jurisdictions regarding domestic animals and pets.
I recently came across these ordinances for the county of Anne Arundel in Maryland.
If you don’t know (and I did not) that county is where the city of Annapolis is located.
A portion of the County ordinance provides:
Article 12 Section 4-402 Public Safety Threat
An animal poses a public safety threat if the animal:
Inflicts severe injury to a person
Bites a person
Kills or inflicts severe injury to a domestic animal
Attacks a person
Without provocation, chases or approaches a person in an attitude of attack
Engages in encouraged dog fighting activity or shows evidence of having been engaged in encouraged dog fighting activity
Article 12 Section 4-601 Rabies Vaccination
Anyone who owns or harbors a cat or dog 4 months of age or older must have the animal vaccinated for rabies and be able to provide proof of vaccination.
Article 12 4-702 Licensing
The owner of any dog or cat 4 months of age or older must obtain a license for the animal.
Article 12 4-801 Dog Outdoors
For each dog confined or tied outdoors, an owner shall provide:
A shelter to protect the dog from the wind, snow, rain, cold, and sunlight
A chain, rope, or line used to tie a dog which must be at least 10 feet in length
State and County law requires that all dogs have food and water.
Article 12 Section 4-903 Public Nuisance
The owner of an animal may not permit the animal to be a public nuisance or to cause a public nuisance condition. Public nuisance includes the following acts by an animal:
Molesting pedestrians
Chasing vehicles
Damaging property of someone other than the owner of the animal
Article 12 Section 4-904 Animal Disturbance Prohibited
It is unlawful for a person who owns, keeps, or has possession of an animal to permit the animal to disturb the quiet of a person or neighborhood.
Article 12 Section 4-905 Running at Large
"At Large” means off the property of an animals owner and not leashed and not under the control of a responsible person.
Article 12 Section 4-909 Removal of Animal Excreta
The owner of any animal shall be responsible for the removal of any excreta deposited by his or her animal on public walks, recreation areas, or private property other than his own.
Title 10 Penalty
Anyone violating section of Article 12 may be subject to a fine not less than $50 and up to $500
They look pretty standard except for the conditions for confining an animal outside.
And by the way, it seems like a heavy fine, up to $500.00 for not picking up your animal’s excreta.*
But if it is effective, I am all for it.
Make sure you realize that there are applicable city, county, state and federal regulations for your pets. Know them and follow them.
* Any waste matter discharged from the body…
Personal and Family Issues Cause Pet Abandonment
As a pet owner, you alone are responsible for the care and protection of your pet.
We try to provide insight and information to assist you in any number of areas that can affect this responsibility.
The tasks that you must undertake daily are not necessarily easy or convenient.
If these tasks become overbearing, the tendency is to simply allow the pet to go...to a shelter …abandonment...or other more undesirable methods.
According to dog-care suite 101.com, the following are the most common reasons given by owners as to why they abandon their pets:
Divorce
Death
Illness
New Baby
Behavioral Issues
Moving
Too Many Pets
Too Expensive to Keep
Lack of Time
You will note that all of these are stressful situations and most are of a very personal nature.
Just because times are tougher than normal, that is no reason to abandon your pet.
If you think of them as a family member or companion, treat them accordingly.
Plan ahead for bad times or bad contingencies for you and your pet.
Pets as Personal Property in Indiana
We had a recent inquiry about the possible recovery for emotional distress for an owner of a pet in the State of Indiana.
In March of this year, the Court of Appeals again addressed this issue in the case of Keene v. The State of Indiana
The facts in the case are as follows:
..."On November 28, 2004, Keene shot two dogs while hunting on a friend’s property. The two dogs were not on their owner’s property and were seen chasing a deer. The next day, Keene contacted the DNR and notified them that he had shot the two dogs while hunting. On December 9, 2004, he was charged with two counts of Class A misdemeanor criminal mischief.
Melissa Culbertson (“Culbertson”) owned the two dogs. On November 28, 2004, Culbertson noticed that her dogs were missing so the next day she hired a private investigation firm to look into the matter. Culbertson paid $2,501 for this service. When the dogs’ bodies were found, Culbertson had an autopsy performed by her veterinarian that cost $640. The replacement value of each of the dogs was $800. Also, the Culbertson family sought professional counseling in the amount of $540 concerning the loss of their dogs. Finally, Culbertson claimed that she had missed a week of work and took an additional seven days off work to attend court proceedings in this case. She testified that she made over $500,000 per year, yet provided no documentation of this amount. Culbertson claimed $3,000 for one day of lost wages. The trial court determined that she earned $2,500 per day. Culbertson requested $10,890.87 for restitution for the above expenses and for other expenses disallowed by the trial court.
On February 6, 2007, Keene pleaded guilty to both counts of criminal mischief and the trial court sentenced him the same day. The trial court ordered Keene to pay restitution and ordered the Victim’s Assistance office to determine the amount. That office filed a restitution order in the amount of $10,890.87, to which Keene objected. Keene is a truck driver who earns $25,000 per year. He has a twelfth grade education and few possibilities of earning more than his current wage as a truck driver.
After a restitution hearing on May 17, 2007, the trial court ordered Keene to pay restitution in the amount of $1,600 for both dogs, $640 for veterinary autopsy costs, $2,510 for the private investigator, $540 for counseling, and $6,000 for two days of lost income, for a total of $11,290. Keene now appeals..."
Although the Appeals Court ruled on a number of issues, it was clear that the value of the loss of the dogs to Culberson was equal to only the replacement cost as personal property under Indiana Code section 35-50-5-3.
Your pets may be priceless to you.
But in this case at least, there would be no monetary relief, or loss, for a companion animal nor emotional distress for the owner of a dog, in the Hoosier State.
Any Special Liabilities for a Horse as a Pet?
We are considering the purchase of a horse for our daughter, Katie. She wants to learn to ride, however we are concerned about possibly liability issues? Any help
Susan Cody, Wyoming
Susan, keeping a horse as a pet will present some unique problems. Although, I will add that many owners have done extensive estate planning for their horses.
Many states ( I believe all but CA, MD, NY and NV) have adopted specific statutes regarding equine (horse) activities as they recognize… that persons who participate in or observe equine activities may incur injuries as a result of the numerous inherent risks involved in such activities. The legislature also finds that the state and its citizens derive numerous personal and economic benefits from such activities. It is the purpose of the legislature to encourage owners, trainers, operators and promoters to sponsor or engage in equine activities by providing that no person shall recover for injuries resulting from the risks related to the behavior of equine animals while engaged in any equine activities.
Your state, Wyoming, has a specific statue regarding the liability which severely limits the rights of recovery from those who allege that they have sustained injury as a result of the equine activity.
The full Statute is here, under Wyoming , TITLE 1. CODE OF CIVIL PROCEDURE. CHAPTER 1. GENERAL PROVISIONS AS TO CIVIL ACTIONS. 1-1-122 -123
But ,The Michigan State University Center for Animal Law states that essentially, the Wyoming equine liability provisions immunize equine professionals by declaring that... those who engage in equine activities or any recreational activities assume the inherent risks in the sport or recreational opportunity. However, actions based upon negligence of the provider wherein the damage, injury or death is not the result of an inherent risk of the sport or recreational opportunity shall be preserved pursuant to W.S. 1-1-109.
Therefore, if you ride or jump a horse and get hurt, you are probably not going to be able to recover from the animal owner or property owner, unless there is some specific negligence that can be attributed to those individuals.
If you are a horse owner, this added statutory protection can be very important.
As always, consult your local attorney and in this case, probably your insurance agent, before you act.
But, many have found that horses makes great pets and are wonderful source of recreation, for you and your children.
Midwestern Pet Owners Need Your Help
The Mission Statement of the American Kennel Club is:
"The American Kennel Club is dedicated to upholding the integrity of its Registry, promoting the sport of purebred dogs and breeding for type and function. Founded in 1884, the AKC® and its affiliated organizations advocate for the purebred dog as a family companion, advance canine health and well-being, work to protect the rights of all dog owners and promote responsible dog ownership."
In the wake of the disastrous torrential rains and flooding in the Midwest, the AKC is moving to assist local pet owners and their animals with temporary shelters and relief.
According to the AKC ,
"In the wake of recent flooding in Iowa, the American Kennel Club® and AKC Companion Animal Recovery have donated much-needed supplies to temporary shelters housing displaced pets and are working closely with area officials to offer assistance and coordinate volunteers.
Reaching out to local AKC club members in the affected areas, AKC and AKC CAR have been able to assess needs and coordinate several shipments of crates, portable kennels, bowls, leashes, collars, harnesses, food, and other supplies that will help volunteers care for the hundreds of companion animals now located at two major temporary shelters - Kirkwood Community College in Cedar Rapids and the Johnson County 4-H Fairgrounds in Iowa City.
The AKC has been working closely with Scot Northern, President of the Cedar Rapids Kennel Association and Mark Shearer, Iowa Department of Agriculture Homeland Security and Veterinary Response Coordinator. Both men are working with the AKC to facilitate the immediate fulfillment of supplies to facilities with needs.
"As people were being evacuated near the river people began to wonder where they were going to take their pets," Northern recounted. "I heard about the shelters being set up and immediately contacted the AKC and AKC CAR, which gladly helped to supply the shelters. I'm also so proud of my club members, many of whom offered to help others in need, even while being evacuated themselves."
"Since last week we have been contacting AKC clubs in the affected areas as well as local disaster officials in order to provide assistance for the benefit of any dog or companion animal displaced by the floods," AKC President Dennis B. Sprung said. "We are able to offer assistance with the help of our friends at Dog.com and Jewett-Cameron and with generous donations from individuals and clubs including the Cedar Rapids Kennel Association, New England Dog Training Club and Greater Kingsport (TN) Kennel Club. We are thankful for the outpouring of support."
"AKC and AKC CAR continue our outreach to officers of AKC affiliated clubs, humane society and animal control shelters and other organizations to identify affected and potentially affected disaster areas regarding dogs and their owners," said Tom Sharp, VP and CEO of AKC CAR. "By being proactive before flood waters rise we can let potential temporary shelter coordinators know we are here to help should people and their pets need to be evacuated. This outreach has included the Missouri Humane Society in case flood waters continue to rise."
Should dog clubs, shelters or individuals need disaster assistance or hear of those in need please contact Director of Club Communications Lisa Peterson at lxp@akc.org or or AKC President and CEO Dennis Sprung at or dbs@akc.org."
If you can help with time, money or resources, you should…
Living in Hurricane prone Florida, I can attest that no one is immune from natural catastrophes.
Remember The Guidelines For Your Pet Trust
If that amount 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.
Many of you will recall that hotel heiress, Leona Helmsley, who died last year, left a $12 million Trust to her 9 year old Maltese, Trouble.
Well, Trouble, who now lives in Florida, has trouble now!
A New York Judge and the State Attorney General have signed off an agreement that reduces Trouble’s share to $2 million.
Not all of the facts have been revealed as to agreement of the parties or their reasoning, but certainly some of the heirs that were omitted from Helmsley’s will stand to see a substantial increase in their fortunes.
It appears as though the Trustee of Trouble was not opposed to the reduction of the amount.
You can see the update on the story here.
Remember these common issues when establishing you Pet Trust:
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.
But, do not forget to…establish your Pet Trust.
Know Anything About Turtles?
Most of our information on this site deals with the daily care and long term planning for your pets, although in truth most of our information deals with cats and dogs.
I was recently asked if we could focus on other pets, and since I do not have any personal knowledge with these other types of pets, as usual, I looked for help.
On exoticpets.about.com, I found the following useful background on, of all things, turtles as pets.
"North American box turtles are mainly terrestrial turtles, although they do spend some time in shallow water (Asian box turtles tend to be a bit more aquatic). Compared to aquatic turtles such as red eared sliders, they are more challenging and complex pets, and are not the best choice for beginning turtle owners. With a potential life span of up to 100 years, these turtles obviously require a long term commitment (however, the average life span of captive box turtles is probably closer to only 40-50 years).
Picking a Healthy Turtle
Try to find a captive bred turtle, as wild caught turtles tend to be stressed, dehydrated, and prone to disease as a result of their stress and environment during capture/transport. In addition, support of the wild catch/pet trade in box turtles may further threaten their numbers in the wild (and taking in native turtles is illegal in many states). An alternate source is shelters or rescue groups.
Find a turtle in the late spring or summer months; it is best to avoid purchasing a box turtle during the fall or winter when it should be hibernating. Make sure the turtle feels "solid" (i.e. not like an empty shell), and has clear eyes and nostrils and a firm, solid shell, and no swellings. It is wise to get a stool sample checked by a veterinarian and deal with any parasites, and take the turtle to a vet immediately if it is not eating shortly after arriving home (it may need rehydration). Also keep in mind that box turtles, like other reptiles, can carry Salmonella so careful hygiene is required during handling of turtles and cleaning their enclosures.
Housing Options
A well designed outdoor pen, providing appropriate substrate, humidity, access to water, and protection form predators will work well in appropriate climates (generally speaking, this is probably limited to areas where box turtles are indigenous). In fact, most box turtles will only thrive if kept outdoors, for at least part of the year. If kept indoors, the utmost care must be taken to provide an appropriately sized enclosure with provisions for heat, humidity, and lighting. An indoor set up will require considerable space and requires good landscaping, a heat source, a basking light and a UVA/UVB lamp (important for Vitamin D and calcium metabolism).
Feeding
A varied diet must also be provided. Box turtles are omnivores, but different species and different aged turtles tend to have preferences for either more animal protein or more vegetation in their diet. For example, in some species of box turtle are more carnivorous than adults. They must be feed a variety of foods from both groups including plenty of fresh vegetables and fruits, insects, low fat meats, pinky mice, and other foods.
Hibernation
North American box turtles hibernate and this complicates their husbandry somewhat. Appropriate conditions must be provided sheets for hibernation with a warning that turtles that are not in good condition/health should not be allowed to hibernate as they will not have the reserves and strength to survive. Do everything possible to ensure good health prior to the time of year that hibernation should begin. For unhealthy animals a period of hibernation, when all bodily functions slow considerably, hibernation will only make health problems worse, if not kill the turtle.
More Resources
There are several different species of box turtle, and each has variations in their housing and dietary needs. There are numerous excellent resources available with details on housing and feeding (some aimed at indoor keeping, others at outdoors). Rather than detailing the care of different species here, I highly recommend researching these turtles very well before deciding on them as a pet."
Now, I have more pet turtle knowledge that I believe that I need, but maybe it will be helpful to you.
Think out of the box, get a turtle for a pet.
Can I Keep My Dog? Part II
Saturday, we received this question:
"My brother Rick has some learning disabilities that have been diagnosed as an emotional disability. Because of this condition, he can only maintain a minimum wage job, but still takes care of and loves his dog. Now, his landlord told him to get rid of his dog. Is there anything I can do to help him?"
Name withheld Havelock, Iowa
We looked to the Michigan State University College of Law, Animal Legal & Historical Center for an answer and posted part of the response here. Today we will conclude their analysis of the problem.
"In addition, under Sec. 504, the tenant must be "otherwise qualified" to receive the benefit, the tenant must be denied the benefit solely because of the disability, and the program must receive federal financial assistance. Courts have held that "otherwise qualified" means that the tenant must be able to meet the requirements of the program in spite of the handicap. Also, the tenant must be able to meet the general rules of tenancy, such as cleaning up after the animal and walking the animal in designated areas. Lastly, only housing authorities that receive money from the federal government, such as public housing projects, are subject to Sec. 504 provisions.
Unlike Sec. 504, the FHAA applies to both public and private housing. Under the FHAA, in addition to establishing a qualifying disability, the tenant must also establish that the landlord knew of the tenant's disability, waiving the "no pets" policy was necessary to allow the tenant to equally use and enjoy the dwelling, and the landlord refused to waive the "no pets" policy. Also, the tenant must request a waiver of the "no pets" policy from the landlord, explaining that he or she has a mental disability and needs the emotional support animal to lessen the effects of the disability. A note from a physician to this effect is often used to inform the landlord of the disability and request the accommodation. Mere emotional distress that would result from having to give up an animal because of a "no pets" policy will not qualify under federal law. Instead, there must be a link between the animal and the disability.
Under both statutes, a mentally disabled person must meet two standards when arguing a waiver of a "no pets" provision as a reasonable accommodation: (1) the accommodation must facilitate the disabled person's ability to function; and (2) the accommodation must pass a cost-benefit balancing test that takes both parties' needs into account. The former can be established by evidence showing that the handicap requires the companionship of the animal, the disabled person has an emotional and psychological dependence on the animal, or that the animal lessens the effects of the disability by providing companionship. The supporting evidence often comes from a medical professional. The latter requires an analysis of the benefits to the tenant as compared to the burdens placed on the landlord. Generally, there are minimal burdens placed on a landlord if required to waive a "no pets" policy. Especially because the number of mentally disabled persons who can qualify for waiver of a "no pets" provision is small, most landlords have been unsuccessful in arguing a denial of a waiver of a "no pets" policy because of extreme burdens. In addition, there must be no other reasonable alternatives to lessen the effects of the disability, other than the animal.
Courts have not restricted the types of species that qualify as reasonable accommodations. Examples of species that have been allowed as reasonable accommodations include dogs, birds, and cats. Also, courts have held that animals do not need to have professional training or be certified as an emotional support animal. Evidence establishing the nexus between the disability and the animal is sufficient.
Even if a person qualifies for a reasonable accommodation under the statutes, a landlord does not have to waive a "no pets" policy if doing so would cause a great financial or administrative burden, if a "no pets" rule is a fundamental part of the housing program, or if the disabled person is not able to follow general rules of tenancy. However, to date, a landlord has not been able to refuse waiving a "no pets" policy to a qualifying mentally disabled person because of any of the above reasons.
In addition, if a tenant compromises the safety of other tenants or their property, or if the animal poses a danger to other tenants, the tenant does not qualify under the statutes and the landlord does not have to allow the tenant in housing or waive a "no pets" policy.
Given the known benefits of emotional support animals for persons with mental disabilities, it is important for the legal community to assist mentally disabled persons so that they are aware of the their rights and ensure that those rights are enforced. "
As always, contact your local attorney for specific advice, but under the right set of circumstances. your brother may be allowed to keep his dog.
Good luck to your brother and his dog.
Can I Keep My Dog? Part I
"My brother Rick has some learning disabilities that have been diagnosed as an emotional disability. Because of this condition, he can only maintain a minimum wage job, but still takes care of and loves his dog. Now, his landlord told him to get rid of his dog. Is there anything I can do to help him?"
Name withheld Havelock, Iowa
Michigan State University College of Law, Animal Legal & Historical Center, has an excellent website full of legal information. We use their reference material quite frequently. They have an answer for a question that is almost identical to the one you posed and we defer to their knowledge.
"Medical professionals have long recognized that animals can assist persons with physical disabilities including blind or deaf persons. Recently, medical professionals have discovered the profound effects that animals can provide for persons with mental and emotional disabilities. When provided with an emotional support animal, depressed patients show decreased depression and children with severe attention deficit hyperactivity disorder show an increased attention span.
Despite this, the answer to the above question depends on whether a person is receiving federally subsidized housing or whether he or she has a documented disability to get a private landlord to waive a "no pets" policy. Unfortunately, if a person rents housing, landlords are given the right to restrict a tenant�s ability to keep an animal in his or her rental unit. However, federal statutes, including Section 504 of the Rehabilitation Act of 1973 ("Sec. 504") and the Federal Fair Housing Amendments Act of 1988 ("FHAA"), require that persons with disabilities have an equal right to housing as those without disabilities. It is illegal for a landlord to deny housing to a person with a disability because that person, or someone associated with that person, has a mental or physical disability. Under the statutes, disabled persons are also entitled to reasonable accommodations so that they can equally use and enjoy the dwelling. Courts have held that a waiver of a "no pets" provision is a reasonable accommodation for a mentally disabled person who needs an emotional support animal to lessen the effects of the disability. If a landlord fails to allow an emotional support animal in rental housing for a person who qualifies under the statutes, the landlord violates the statutes and could owe damages to the disabled tenant.
To qualify under both statutes, the tenant must establish that he or she has a qualifying disability. Mental disabilities, such as mental retardation, mental illness, and special learning disabilities, are qualifying disabilities under both statutes. Also, the mental impairment must affect the person's ability to perform major life activities such as caring for one's self, walking, or working."
We will provide the conclusion of this analysis tomorrow...
Tennessee Statute Helps Pet Owners
Bobby Joe Waynesboro, Tennessee
Bobby Joe, obviously you should consult an attorney in your area to understand fully your legal rights.
However, generally speaking, Tennessee has one of the few Statutes that specifically give a possible right of recovery for pet owners.
Tennessee Code 44-17-403. Death of pet caused by negligent act of another — Damages, states:
(a) (1) If a person's pet is killed or sustains injuries that result in death caused by the unlawful and intentional, or negligent, act of another or the animal of another, the trier of fact may find the individual causing the death or the owner of the animal causing the death liable for up to five thousand dollars ($5,000) in noneconomic damages; provided, that if the death is caused by the negligent act of another, the death or fatal injury must occur on the property of the deceased pet's owner or caretaker, or while under the control and supervision of the deceased pet's owner or caretaker.
(2) If an unlawful act resulted in the death or permanent disability of a person's guide dog, then the value of the guide dog shall include, but shall not necessarily be limited to, both the cost of the guide dog as well as the cost of any specialized training the guide dog received.
(b) As used in this section, “pet” means any domesticated dog or cat normally maintained in or near the household of its owner.
(c) Limits for noneconomic damages set out in subsection (a) shall not apply to causes of action for intentional infliction of emotional distress or any other civil action other than the direct and sole loss of a pet.
(d) Noneconomic damages awarded pursuant to this section shall be limited to compensation for the loss of the reasonably expected society, companionship, love and affection of the pet.
(e) This section shall not apply to any not-for-profit entity or governmental agency, or its employees, negligently causing the death of a pet while acting on the behalf of public health or animal welfare; to any killing of a dog that has been or was killing or worrying livestock as in § 44-17-203; nor shall this section be construed to authorize any award of noneconomic damages in an action for professional negligence against a licensed veterinarian.
Any case involving a tort is going to be fact sensitive and ultimately up to a Judge or a jury to decide as to the liability and then, if any, the amount of money damages that you may recover.
At least, in your state, you have some statutory authority to back you up.
Contact your attorney.
Sorry about Blue, hope he gets better soon.
Canadian Court Recognizes the Value of Your Pet
We have discussed on numerous occasions, here and here that most courts view your pet, not as a friend, a family member or companion, but simply as another piece of personal property.
Perhaps our neighbors to the North have a better idea.
According to the Canadian Veterinary Medical Association the case of Ferguson v. Birchmount Boarding Kennels Ltd. (2006), 79 O.R. (3d) 681 (Div. Ct.) may lead the way into a new arena of legal thinking.
In Ferguson;
"the plaintiffs boarded their dog at a kennel while they were on vacation. The dog escaped from the enclosed play area by squeezing between 2 boards in a fence, and was never found. Mrs. Ferguson was emotionally distraught when she heard the news. She suffered from insomnia and nightmares, which required her to take time off work. The Fergusons sued the kennel for damages. The court held that the kennel had not taken reasonable steps to ensure that the fence was secure. Its negligence amounted to a fundamental breach of the boarding contract, such that the kennel could not rely on a waiver of liability that the owners had signed. The Fergusons were awarded $2527, which included $1417 in general damages for pain and suffering associated with the loss of the dog..."
Upon appeal, the higher Court agreed with the lower one and stated;
"that a pet is not considered in law to be the owner’s property (or chattel), so as to preclude an award for pain and suffering upon its loss. Mental distress, if proven to exist, can be compensated for by an award of damages..."
Although this one case stands in opposition to a long line of decisions, perhaps it is the beginning of the recognition that pets are truly not personal property to their owners.
Maybe more U.S. courts will follow this lead of evaluating your pets.
Talking With Your Dog
Unfortunately, although you may constantly talk with your dog and even ask them questions, it is rare that you will receive an answer or response.
Are they hungry, do they need to go outside, are they feeling okay?
We can only guess at what they need or desire.
In my opinion, any tips or help that we can receive to try to take care of them are always welcome.
The following aids are from dogage.com:
General Health
• Brush teeth three times a week and have chew toys or biscuits for additional teeth cleaning
• Spay or neuter to help improve a dog's disposition, prevent unwanted behaviors and reduce the chance for infections, tumors and cancers
• Maintain a Home Health check-list and examine coat, ribs, eyes, ears and nose regularly
• Groom regularly by brushing, bathing and clipping according to breed, size and your dog's indoor or outdoor habits
• Post emergency numbers and keep and first-aid supplies on hand such as, gauze, bandages, eyewash, tweezers, cold pack, thermometer, towel and gloves
Medical History
• Maintain regular veterinarian visits for routine health check-ups including vaccinations and preventative care measures
• Learn about the breed of your dog for any specific diseases or body conditions
• Look for any change in behavior or eating habits that might signal a medical problem
• Keep a log of vaccinations and medical problems
Food/Nutrition
• Monitor diet and caloric intake by measuring food and limiting treats
• Avoid human food – it can upset a dog's stomach and diet
• Talk to your veterinarian about nutritional requirements for age or breed specific food
• Provide fresh, clean water daily
Exercise
• Exercise pets regularly, as approved by a veterinarian
• Be aware of the weather, monitor temperatures to determine the best time of day to exercise your dog outside
• Select toys that are safe and stimulating for your pet, such as hard rubber balls or raw hides
Social Health
• Stay in command – training a dog to respond to direction makes the pet and owner relationship easier and safer
• Practice safety in the yard, on walks and trips by using barriers, leashes, carriers and proper identification
• Give your dog a clean and comfortable sleeping area
• Socialize your dog around other pets and people to help him learn to adjust to changes in his environment
These tips provide a good outline for you to follow.
Apply these guidelines to the care of your pet.
Dog or not.
If they could, they would thank you!
Oklahoma is Not Okay for Pet Trusts
Although previous attempts for a Statutory Pet Trust have been tried in the Oklahoma legislature, to date they have been unsuccessful.
This is the text of the previously proposed bill.
"TRUST FOR CARE OF ANIMAL
A. A trust may be created to provide for the care of an animal alive during the settlor’s lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor’s lifetime, upon the death of the last surviving animal.
B. A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court. A person having an interest in the welfare of the animals may request the court to appoint a person to enforce the trust or to remove a person appointed.
C. Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use, considering the current and future needs of the animals. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise to the settlor’s successors in interest. Notwithstanding the foregoing, the settlor may specifically override this provision by specific reference and prevent the distribution of property in excess of the intended use until all the animals are deceased or as otherwise provided for by the terms of the trust."
Because there is no Statutory Pet Trust, a trust that is set up for a pet in Oklahoma would probably violate the Rule Against Perpetuities (RAP).
This arcane law is as convoluted as any laymen or attorney can imagine. But, essentially it was established to prohibit property from being held perpetually in trust. So, with some twists and variations, RAP voids any agreement which does not end twenty-one years after a life in being, or one generation from lives presently in being plus twenty-one years.
Still confused? Don’t worry thousands of pages of legal arguments and interpretations have been written on this rule.
Currently under Oklahoma law, as in most states, domestic animals and tamed wild animals are personal property Therefore, the animals are unable to own other property or become a beneficiary under a will.
We are unaware of any court cases on the Appellate level in Oklahoma that have directly ruled on these issues.
Although given the current trend throughout the country, one could assume that the Court would try to lend credence and legal standing to this estate planning documentation.
However, they would still have to deal with the time issue of the RAP period and the court would likely limit the trust's duration to the twenty-one-year perpetuities period.
The simple solution is for Oklahoma to get on board with the majority of the country and pass a Statutory Pet Trust.
Changes Coming to California Pet Trust?
Although California has recognized some form of a Pet Trust since 1991, the enforceability has been minimal and it has been an “honorary trust.”
That may soon change.
A recently proposed amendment is moving forward in the California legislature to amend Section 15212 of the Probate Code
The Legislative Counsel’s Digest states the following on the proposed changes;
"Existing law provides that a trust for the care of a designated domestic or pet animal may be performed by the trustee for the life of the animal, whether or not there is a beneficiary who can seek enforcement or termination of the trust and whether or not the terms of the trust contemplate a longer duration. ..
"This bill would repeal the provisions regarding domestic or pet animal trusts and would provide instead that a trust for the care of a designated domestic or pet animal is for a lawful noncharitable purpose and terminates when no…designated animal is living on the date of the…settlor’s death…unless otherwise provided in the trust …The bill would require a court to liberally construe a pet trust to bring it within the bill's provisions, to presume against an interpretation that would render the disposition a mere request or an attempt to honor the pet, and to carry out the general intent of the trust. The bill would provide an order of disposition of trust property upon termination of the trust and would provide authority for the court to name a trustee and to transfer trust property, as specified. This bill would permit…any person interested in the welfare of the pet animal or any nonprofit charitable organization…that has as its principal activity…the care of animals to… petition the court regarding the trust, as specified…"
In addition, the bill would provide a process for an accounting of the trust, to be waived if the value of the trust assets do not exceed $40,000.00.
These are major changes in a state with a huge population and clearly show the continuing trend in recognizing the wants and needs of pet owners.
We will keep you advised as these matters move forward through the grinding legal process.
Share Your Tomb with Your Pet?
We write on numerous occasions about Statutory Pet Trusts, Powers of Attorney for your pet, Will Clauses to provide for your pet and the selection of an appropriate trustee and a caretaker.
We have even reviewed your ability to clone your pet.
There is also an additional option, at least in the State of Florida.
A change in the Florida Statutes, now allows for an additional authorized function for cemeteries.
Under Statute 497.273, the following power is provided.
"4) This chapter does not prohibit the interment or entombment of the inurned cremated animal remains of the decedent's pet or pets with the decedent's human remains or cremated human remains if:
(a) The human remains or cremated human remains are not commingled with the inurned cremated animal remains; and
(b) The interment or entombment with the inurned cremated animal remains is with the authorization of the decedent or other legally authorized person."
So, if you keep the remains of you and your pet separate and agree to the inurnment, in Florida at least, you can take your pet with you.
Estate planning for you and your pet?
Maybe, maybe not.
This is a little too much planning for me.
A Pet Trust for Your Pet Pig?
I remember reading your post that Indiana has a Statutory Pet Trust. If I have a pet other than a dog or cat, can I provide for them as well?
Doug Munster, Indiana
Doug, thanks for being a follower … we wrote here that Indiana is one of the majority of states that has a Statutory Pet trust.
It is hard to define, “what constitutes a pet.”
Generally, Indiana Code § 30-4-2-18, simply provides that;
(a) A trust may be created to provide for the care of an animal alive during the settlor's lifetime.
There is no specific definition of “an animal” in the Statute.
However, in 1994, the city of Anderson brought a suit against Virginia Barnes and Jan Swearingen to stop the women from keeping and maintaining Swearingen's pet Vietnamese pot-belly pig, at their residence within the city limits. Barnes v. City of Anderson, Indiana 642 N.E.2d 1004 (Ind.App. 2 Dist. 1994)
At the trial, the women offered evidence that the Vietnamese pot-belly pig has been in use as an exotic pet in the United States since 1985. Swearingen told the court that she kept the pig in her home and backyard and walked the pig with a leash. Her pet weighed between 125 and 150 pounds and ate mini pig chow, dog food and drank water. The pig (named Sassy) also had her own food bowl and water dish and used a litter box.
Not persuaded, the trial court granted an injunction against the action, in essence, stating that the women were in violation of a City Ordinance by keeping livestock in a residential district.
On appeal, the Court disagreed, and stated in part:
"The term "domestic animal" is not defined in the Zoning Code; however, a definition is contained in the Anderson Animal Control Ordinance at § 91.01, which classifies pigs and other animals such as dogs, cats, and hamsters, as domestic animals. Neither party denies that Sassy is a domestic animal kept as a pet…
"The definition specifies that "domestic animals kept for farm purposes, especially those marketable animals" are livestock. Cattle, horses, sheep, goats, and ponies, the animals named in the definition as examples, are all animals used for farm purposes. As explained above, dogs, cats, and hamsters all fall under the definition of domestic animal. If the phrase "farm purposes" is not read to modify the word "raising" in the ordinance, then dogs, cats, and hamsters are livestock and are prohibited from residential districts in Anderson. The Code does not reconcile this dilemma by expressly designating the domestic animals excluded from the definition of livestock. We, thus, conclude the policy of the ordinance to be the exclusion of farming activities in the city…
"Although Sassy is a pig, and, in ordinary experience, pigs are farm animals, the parties agree that Sassy is a pet… Swearingen does not use Sassy for farm purposes and Swearingen is not planning to breed and market the pig. The wording of the zoning ordinance illustrates that the ordinance's drafters were contemplating farm animals when they enacted the legislation, not pets. The policy behind the ordinance of preventing farming in residential districts will not be furthered by the removal of Sassy…
"The zoning ordinance involved in this case, however, does not apply to the facts before us."
So, at least in this case, even a pot bellied pig can be a pet in the eyes of the Indiana law.
Plan for your pet, even if it is a Vietnamese pot-belly pig.
Plan and Stay Informed in Emergencies
Today is the final of our three part posting on planning for emergencies for your pets.
We can thank Ready America for the following tips;
Plan What You Will Do in an Emergency .
"Be prepared to assess the situation. Use whatever you have on hand to take care of yourself and ensure your pet's safety during an emergency. Depending on your circumstances and the nature of the emergency the first important decision is whether you stay put or get away. You should understand and plan for both possibilities. Use common sense and the information you are learning here to determine if there is immediate danger.
In any emergency, local authorities may or may not immediately be able to provide information on what is happening and what you should do. However, watch TV, listen to the radio or check the Internet for instructions. If you're specifically told to evacuate, shelter-in-place or seek medical treatment, do so immediately.
Create a plan to get away.
Plan how you will assemble your pets and anticipate where you will go. If you must evacuate, take your pets with you if practical. If you go to a public shelter, keep in mind your animals may not be allowed inside. Secure appropriate lodging in advance depending on the number and type of animals in your care. Consider family or friends willing to take in you and your pets in an emergency. Other options may include: a hotel or motel that takes pets or a boarding facility, such as a kennel or veterinary hosp ital that is near an evacuation facility or your family’s meeting place.
Find out before an emergency happens if any of these facilities in your area might be viable options for you and your pets.
Develop a buddy system. Plan with neighbors, friends or relatives to make sure that someone is available to care for or evacuate your pets if you are unable to do so. Talk with your pet care buddy about your evacuation plans and show them where you keep your pet's emergency supply kit. Also designate specific locations, one in your immediate neighborhood and another farther away, where you will meet in an emergency.
Talk to your pet's veterinarian about emergency planning. Discuss the types of things that you should include in your pet's emergency first aid kit. Get the names of vets or veterinary hospitals in other cities where you might need to seek temporary shelter. You should also consider talking with your veterinarian about permanent identification such as microchipping, and enrolling your pet in a recovery database. If your pet is microchipped, keeping your emergency contact information up to date and listed with a reliable recovery database is essential to your being reunited with your pet.
Gather contact information for emergency animal treatment. Make a list of contact information and addresses of area animal control agencies including the Humane Society or SPCA, and emergency veterinary hospitals. Keep one copy of these phone numbers with you and one in your pet's emergency supply kit. Obtain "Pets Inside" stickers and place them on your doors or windows, including information on the number and types of pets in your home to alert firefighters and rescue workers. Consider putting a phone number on the sticker where you could be reached in an emergency. And, if time permits, remember to write the words "Evacuated with Pets" across the stickers, should you flee with your pets.
Finally, Stay Informed.
Some of the things you can do to prepare for the unexpected, such as assembling an emergency supply kit for yourself, your family and your pets, is the same regardless of the type of emergency.
However, it's important to stay informed about what might happen and know what types of emergencies are likely to affect your region as well as emergency plans that have been established by your state and local government.
Be prepared to adapt this information to your personal circumstances and make every effort to follow instructions received from authorities on the scene. With these simple preparations, you can be ready for the unexpected. Those who take the time to prepare themselves and their pets will likely encounter less difficulty, stress and worry. Take the time now to get yourself and your pet ready.
Preparing for Your Pets Makes Sense. Get Ready Now."
We have provided extensive information for planning and executing emergency plans for your pets.
It is up to you to implement these plans.
Your are responsible for your pet.
More Emergency Planning Tips For Your Pet
We continue to provide emergency planning tips for your pet in the light of the new Hurricane season.
"Get a Pet Emergency Supply kit. Just as you do with your family think first about the basics for survival, particularly food and water. Consider two kits. In one, put everything you and your pets will need to stay where you are. The other should be a lightweight, smaller version you can take with you if you and your pets have to get away. Plus, be sure to review your kits regularly to ensure that their contents, especially foods and medicines, are fresh.
Food. Keep at least three days of food in an airtight, waterproof container.
Water. Store at least three days of water specifically for your pets in addition to water you need for yourself and your family.
Medicines and medical records. Keep an extra supply of medicines your pet takes on a regular basis in a waterproof container.
First aid kit. Talk to your veterinarian about what is most appropriate for your pet's emergency medical needs. Most kits should include cotton bandage rolls, bandage tape and scissors; antibiotic ointment; flea and tick prevention; latex gloves, isopropyl alcohol and saline solution. Include a pet first aid reference book.
Collar with tag, harness or leash. Your pet should wear a collar with its rabies tag and identification at all times. Include a backup leash, collar and tag in your pet's emergency supply kit. In addition, place copies of your pet's registration information, adoption papers, vaccination documents and medical records in a clean plastic bag or waterproof container and also add them to your kit. You should also consider talking with your veterinarian about permanent identification such as microchipping, and enrolling your pet in a recovery database."
We had previously discussed microchipping for your pets, here .
"Crate or other pet carrier. If you need to evacuate in an emergency situation take your pets and animals with you provided that it is practical to do so. In many cases, your ability to do so will be aided by having a sturdy, safe, comfortable crate or carrier ready for transporting your pet. The carrier should be large enough for your pet to stand, turn around and lie down.
Sanitation. Include pet litter and litter box if appropriate, newspapers paper towels, plastic trash bags and household chlorine bleach to provide for your pet's sanitation needs. You can use bleach as a disinfectant (dilute nine parts water to one part bleach), or in an emergency you can also use it to purify water. Use 16 drops of regular household liquid bleach per gallon of water. Do not use scented or color safe bleaches or those with added cleaners.
A picture of you and your pet together. If you become separated from your pet during an emergency, a picture of you and your pet together will help you document ownership and allow others to assist you in identifying your pet. Include detailed information about species, breed, age, sex, color and distinguishing characteristics.
Familiar items. Put favorite toys, treats or bedding in your kit. Familiar items can help reduce stress for your pet."
Plan now for potential emergencies for your and your pet.
Be prepared. Be ready.
Hurricane Season is Here- Plan for Your Pet
As Tropical Storm Alma forced evacuations and caused flooding along the coast of northwestern Nicaragua, we have a not so gentle reminder that Hurricane season is officially here.
We have discussed this before, here.
For the next few days, we want to again remind you of some of the many preparations and precautions for emergencies that you can take for your pets.
Today's advice comes directly from Uncle Sam, that’s right the U.S. government.
The official website, of Ready America has the following tips;
"If you are like millions of animal owners nationwide, your pet is an important member of your household. The likelihood that you and your animals will survive an emergency such as a fire or flood, tornado or terrorist attack depends largely on emergency planning done today. Some of the things you can do to prepare for the unexpected, such as assembling an animal emergency supply kit and developing a pet care buddy system, are the same for any emergency.
Whether you decide to stay put in an emergency or evacuate to a safer location, you will need to make plans in advance for your pets. Keep in mind that what's best for you is typically what's best for your animals.
If you must evacuate, take your pets with you if possible. However, if you are going to a public shelter, it is important to understand that animals may not be allowed inside. Plan in advance for shelter alternatives that will work for both you and your pets.
Make a back-up emergency plan in case you can't care for your animals yourself. Develop a buddy system with neighbors, friends and relatives to make sure that someone is available to care for or evacuate your pets if you are unable to do so. Be prepared to improvise and use what you have on hand to make it on your own for at least three days, maybe longer."
Preparing for Your Pets Makes Sense. Get Ready Now.
Emotional Distress Claim for a Pet in Idaho
Is it true that an animal owner may recover money damages for mental anguish for the loss of a pet in Idaho?
Paul Ammon, Idaho
Paul… at least in one case...in 1985, in the case of Gill v. Brown, 107 Idaho 1137, 695 P.2d 1276 (Idaho App.1985), the Idaho Appellate Court reversed a lower trial court that had dismissed a claim for intentional inflection of emotional distress by the owner of an animal that had been killed by another.
In this case, Brown allegedly shot and killed a donkey owned by Gill.
In rendering its decision, the Court stated:
"The measure of damages when personal property is destroyed by the tortious conduct of another is the fair market value of the property at the time of its destruction. Bratton v. Slininger, 93 Idaho 248, 460 P.2d 383 (1969); Skaggs Drug Centers, Inc. v. City of Idaho Falls, 90 Idaho 1, 407 P.2d 695 (1965). In the case of destroyed animals, the majority of jurisdictions use this measure and specifically deny recovery for mental anguish suffered by the property owner. Annot., 1 A.L.R.3d 997, 1010 (1965). We are not persuaded to depart from this general rule."
The Court went on to state;
"One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress, and if bodily harm to the other results from it, for such bodily harm. Under this view, a plaintiff may recover for mental anguish if the defendant's conduct was "outrageous" and if the mental anguish suffered was "severe". Hatfield v. Max Rouse & Sons, supra; Rasmuson v. Walker Bank & Trust Company, 102 Idaho 95, 625 P.2d 1098 (1981). In their complaint, the Gills allege that Brown "negligently and recklessly" shot and killed the donkey, that the donkey was both a pet and a pack animal, and that the loss of the donkey has caused the Gills to suffer "extreme mental anguish and trauma." By alleging that Brown's conduct was reckless and that they thereby suffered extreme mental anguish and trauma, the Gills have alleged facts that, if proven, could permit recovery under an intentional infliction of emotional distress cause of action."
The case was order to be returned to the trial court to determine whether or not the Gills could prove their allegations against the Browns.
Thus the door for possible recovery was reopened…
Protect Your Child From Dog Bites
We have just completed National Dog Bite Prevention Week and we thought that we would take the time to pass some safety information on to you.
According to the American Academy of Pediatrics, every year, dogs bite 4.7 million Americans, with 48 percent of all reported bites to victims younger than 10 years old. Children are 300 times more likely than adults to be bitten.
"Children are particularly vulnerable to this type of injury because of their smaller size and their inexperience with animals," says Renee R. Jenkins, MD, FAAP, president of the AAP. "Adults should be sure to properly choose and socialize pets, and teach their children how to be safe around dogs both those they know and those they don't know."
They also offer these tips for dog bite prevention, which we thought we would pass along to you.
Carefully consider your pet selection. Puppies should not be obtained on impulse. Before and after selection, your veterinarian is the best source for information about behavior and suitability.
Make sure your pet is socialized as a young puppy so it feels at ease around people and other animals. Gradually expose your puppy to a variety of situations under controlled circumstances; continue that exposure on a regular basis as your dog gets older. Don’t put your dog in a position where it feels threatened or teased.
Wait until your child is older. Because so many dog bites happen to young children, it is suggested that parents wait to get a dog until their children are older than 4 years of age.
Train your dog. The basic commands “sit,” “stay,” “no,” and “come” can be incorporated into fun activities which build a bond of obedience and trust between pets and people. Avoid highly excitable games like wrestling or tug-of-war. Use a leash in public to control your dog.
Keep your dog healthy. Have your dog vaccinated against rabies and preventable infectious diseases. Parasite control and other health care is important because how your dog feels directly affects how it behaves.
Neuter your pet. It’s a fact: neutered dogs are 3 times less likely to bite.
Be a responsible pet owner. License your dog with the community as required. Obey leash laws. Dogs are social animals; spending time with your pet is important. Dogs that are frequently left alone have a greater chance of developing behavior problems.
Be alert. Know your dog. Be alert to signs of illness. Also watch for signs your dog is uncomfortable or feeling aggressive.
How can my family and I avoid being bitten? Be cautious around strange dogs and treat your own pet with respect.
Because children are the most frequent victims of dog bites, parents and caregivers should:
• NEVER leave a baby or small child alone with a dog.
• Be on the look out for potentially dangerous situations.
• Start teaching young children – including toddlers – to be careful around pets.
Children must be taught NOT to approach strange dogs. Teach children to ask permission from a dog’s owner before petting the dog.
These are great tips, not only for this week, but for all times.
By the way, these are great safety tips for adults, as well as your children.
Plan. Be careful!
Another Microchip Option for Your Pet
On Sunday, we took a brief look at the services provided by HomeAgain.
Today we will present information to you from AVID.
AVID stands for American Veterinary Identification Device. They state that they are the largest provider of microchips and scanners to professional kennels and breeders in the United States.
The AVID provides the following information to all pet owners:
"Microchips vary in price depending upon what type you want, what accessories you want, and how many you order. The prices start as low as $6.25 per chip.
The microchip has no power supply, battery, or moving parts. It is designed with an operating life of over 25 years and is guaranteed for the life of the animal. Once injected, the microchip is anchored in place as a thin layer of connective tissue forms around it. The chip requires no care. It does not pass through or out of the body.
Microchips go into the animal by way of standard injection. Those familiar with the delivery systems for vaccines and regular shots will have no problem injecting the chip. Complete step-by-step instructions are included with all products. In all states you are legally allowed to inject your own animals. If you are considering microchipping for others, you must check with your State Veterinarian's office for rules that apply in your state.
A special scanner sends a harmless radio signal to the tiny microchip that has been implanted under the skin of the pet.
Although the microchip needle is larger than a typical vaccine needle, animals do not over react to it. Anesthesia is not required or recommended. The AVID chip is biocompatible and has a special coating called Parylene C that helps it stay in place.
The same sized microchip and needle are used in toy-sized animals and mice, baby birds, and newly hatched sea turtles!
Most breeders inject the chip between the ages of five and eight weeks. Of course, the injection can also be done at any time after that.
Dogs and cats are injected between the shoulder blades with a deep subcutaneous (under the skin) delivery of the chip..."
HomeAgain or AVID or another source.
You decide… but decide.
The cost and time to microchip your pet is minimal compared to the sense of well being and safety that it can provide to you.
Contact your Vet or local animal shelter.
Many times your local agency will sponsor a microchipping day for your pets at a minimal cost.
Plan for your pet’s future.
* Unfortunately I own no stock or other interests in either one of these ventures.
Would You Risk Your Life for Your Pet?
Diane Pomerance* gave us permission to use this posting on this National Holiday.
Enjoy it with your family and your pet!
Would you risk your life for your pet?
Hurricane Katrina taught those who love animals as well as the general public that yes, indeed, people have loved and will continue to love their pets enough to sacrifice their own lives for them. For many, this fact is surprising, even shocking. After all we're socialized to regard animal life as less important than our own.
Many people still view animals (even beloved pets) as chattel, our property, as frivolous or unnecessary additions to our families and certainly unworthy of serious consideration as a being for whom we would readily sacrifice our lives. For the most part, we have been taught that we have "dominion" over the animals and creatures of the world, and we have interpreted the word "dominion" as superiority rather than its true meaning which is "guardianship" or "stewardship" - the responsibility to respect and care for our animal brethren.
There are many others, however, who understand that in today's chaotic, tumultuous, unpredictable and violent world - a world in which we are often physically as well as psychologically detached and disconnected from our fellow human beings, that our animal companions are more important to us than ever before! No matter how difficult, complex, frustrating or challenging our lives may be, our animal companions offer unconditional love, support, healing, acceptance and affection.
They are our best friends and confidants as well as family members.
They seem to understand our feelings and our needs and are able to accommodate them. We can sigh with relief, let down our guard and be truly ourselves. No facade, no pretense, no agenda is required at home base - where we find a place of relative peace, sanity, comfort and safety. Physiologically, emotionally and spiritually we receive inspiration, comfort and healing from our pets.
Clearly the public and those who were recruited as well as those who volunteered to rescue the victims of Katrina underestimated or simply did not understand the extraordinary bond and powerful attachment many humans have with their animal companions We were moved to tears at the predicament of so many of our fellow citizens who lost virtually all of their material possessions along with the lives they had known prior to Katrina.
We were devastated to see families torn asunder. Yet one of the saddest stories we followed was the little 7-year old boy who vomited and sobbed uncontrollably when separated from his beloved dog, "Snowball" who was not allowed on the bus with him as he evacuated the city.
People are becoming increasingly aware of the significant roles animal companions play in our hearts and our lives - how deep a bond is forged between so many humans and their pets. Of course, we must have respect and compassion for one another, but also, as Mohandas Ghandi so poignantly observed:
"The greatness of a nation and its moral progress can be judged by the way it treats its animals."
If we are to survive as a culture and a society, we must practice the teachings of all the world's great religions: to live with love and respect for all living beings.
*Diane Pomerance received her Ph.D. in Communications in 1979 from the University of Michigan, and has written the highly acclaimed children's nonfiction book on pet loss, "When Your Pet Dies" which teaches children how to cope with and recover from the loss of a beloved companion animal as well as those inevitable losses in life. She is also the author of "Animal Companions: Your Friends, Teachers & Guides", "Animal Companions: In Our Hearts, Our Lives & Our World.", Animal Elders: Caring About Our Aging Animal Companions", "Finding Peace After the Loss of a Loved Animal Companion", and her most recent book "Pet Parenthood: Adopting the Right Animal Companion for You." Dr. Pomerance counsels those mourning the loss of a beloved companion animal. As a writer, teacher, counselor and animal lover, she recognizes that the loss of a pet can be devastating to adults as well as children. For over 25 years, she has also worked in a wide variety of capacities in the entertainment industry both in New York and Los Angeles, including production work with such programs as NBC's NFL productions. Visit her here.
Microchip Your Pet for Safety
You see the calls for help all of the time in the paper…
Tacked up on a telephone pole…
On the grocery store bulletin board...
Lost! Small gray spotted kitten in the vicinity of Fifth and Third…
Black Lab missing from Claret Park last Saturday, if you have info please contact…
What can a pet owner do to protect their companions?
One easy way to protect your pet is to make sure that they have a microchip identification implanted upon them.
The two major microchipping companies are HomeAgain and AVID.*
According to the HomeAgain website,
… one in three pets will become lost during their lifetime. And according to the American Humane Association, only about 17 percent of lost dogs and two percent of lost cats ever find their way back to their original owners. Almost 4 million pets are euthanized every year because their owners can't be found in time - if a shelter cannot determine a pet's owner, the pet may be euthanized in as few as three days.
Tags and collars are a good start - they're certainly better than no ID at all - but they aren't 100 percent dependable. Tags can fade, rust, or get scratched, making them impossible to read. Collars can tear or slip off, or get caught on something while your pet is wandering…To microchip your pet, a veterinarian injects a tiny chip about the size of a grain of rice just under your pet's skin between the shoulder blades. The number on the chip is then entered into the HomeAgain database.
When a lost pet is found, any animal hospital, shelter, or humane society can use a special handheld microchip scanner to read our microchip's unique ID number. The veterinarian or shelter then contacts the HomeAgain database. The database matches the number to a name and phone number, reuniting the lost pet with its owner.
The site states that the procedure to implant the microchip is not expensive, it is not a safety threat to your pet, enrolling in a database or service is not necessary, implanting the microchip will not hurt your pet, most shelters and veterinarians have microchip scanners, so they will be able to read the microchip and identify your pet, every pet with a microchip will be given a unique number and the microchip will not wear out or need to be replaced.
Tuesday we will look at the AVID process and then you will decide and proceed to protect your pet.
* In the interest of full disclosure,I must inform you that unfortunately I own no stock or other interests in either one of these ventures.
One Free Bite For Your Dog?
This is a follow-up to yesterday’s post regarding the attacks by coyotes upon pets in the Naples, Florida area.
We thought that we would take a closer look at the Florida laws regarding the attack by a dog.
Many states have adopted a “one free bite” rule for dogs.
According to dogbitelaw.com . approximately 18 states observe this rule.
According to this site,
"The common law shielded the owner of a domestic animal from civil liability to the first victim of each of his animals. This absolving principle came to be known variously as the "one bite rule," the "first bite rule," or the "first bite free" rule. However, it has been repeatedly stated in the court decisions that the name "one-bite rule" is a misnomer, in that the rule applies to any injury whether or not it was caused by a bite, and that proof of the dangerous propensity of the animal does not require the existence of a prior bite even in a biting case.
The rationale of the one bite rule was that domestic animals by definition were not injurious, and therefore liability could be predicated only on the defendant's knowledge that a particular animal had a propensity to behave in manner that was injurious to humans. Again, the rule applied to any type of injury, whether or not a bite.
The rule provided not only a shield for the animal's owner but also a sword for its victim, because it justified compensating any victim -- after the first one -- who was injured by the same dangerous propensity. The owner, keeper or harborer of the dog thus was held strictly liable when his domestic animal injured a subsequent person the same way it hurt a prior one."
Florida has not adopted this rule.
The Florida Statutes provide, under Title XLV. Torts. Chapter 767. Damage by Dogs.
767.01. Dog owner's liability for damages to persons, domestic animals, or livestock…
Owners of dogs shall be liable for any damage done by their dogs to a person or to any animal included in the definitions of "domestic animal" and "livestock" as provided by s. 585.01.
Also, under 767.04. Dog owner's liability for damages to persons bitten
The owner of any dog that bites any person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages suffered by persons bitten, regardless of the former viciousness of the dog or the owners' knowledge of such viciousness. However, any negligence on the part of the person bitten that is a proximate cause of the biting incident reduces the liability of the owner of the dog by the percentage that the bitten person's negligence contributed to the biting incident. A person is lawfully upon private property of such owner within the meaning of this act when the person is on such property in the performance of any duty imposed upon him or her by the laws of this state or by the laws or postal regulations of the United States, or when the person is on such property upon invitation, expressed or implied, of the owner. However, the owner is not liable, except as to a person under the age of 6, or unless the damages are proximately caused by a negligent act or omission of the owner, if at the time of any such injury the owner had displayed in a prominent place on his or her premises a sign easily readable including the words "Bad Dog." The remedy provided by this section is in addition to and cumulative with any other remedy provided by statute or common law.
And, in addition to any monetary damages (medical expenses, property damage, lost wages or permanent impairment) that might arise as to the owner’s liability, the statute further provides:
767.13. Attack or bite by dangerous dog; penalties; confiscation; destruction
(1) If a dog that has previously been declared dangerous attacks or bites a person or a domestic animal without provocation, the owner is guilty of a misdemeanor of the first degree…In addition, the dangerous dog shall be immediately confiscated by an animal control authority, placed in quarantine, if necessary, for the proper length of time, or impounded and held for 10 business days after the owner is given written notification…and thereafter destroyed in an expeditious and humane manner…This 10-day time period shall allow the owner to request a hearing…The owner shall be responsible for payment of all boarding costs and other fees as may be required to humanely and safely keep the animal during any appeal procedure…
The majority of the states impose at least some type of strict liability upon the owner of a dog that attacks other animals or people.
You are usually responsible for the actions of your pets. Especially the bad actions.
Coyotes Can Be a Threat to Your Pet
When you think about all of the dangers that exist for your pet, you could probably make a long list.
Serious infestation of ticks or fleas, eating or drinking all types of dangerous toxins, from fuel to lite your outside grill to the dead bird in your yard and the ever present speeding neighborhood vehicle.
However, we usually don’t think of natural enemies that our pets may encounter.
Although, here in southwest Florida, natural predators are always a common problem, with alligators taking animals from yards, parks and other areas. We must be on constant alert with or pets, particularly around natural ponds, canals and lakes.
Now, unfortunately we have another issue.
The Naples Daily News reporter Villi Finney recently wrote about a series of at least four attacks on local pets by coyotes.
Even more disconcerting is that the owners were with these pets at the time of the attack.
“We believe it's coyotes, but it could be feral dogs,” said Florida Fish and Wildlife Conservation Commission (FWC) spokesman Gary Morse during a media briefing Wednesday.
The FWC has set live traps in the suburban neighborhood in an attempt to locate the coyotes.
The attacks have taken place in a neighborhood with many families with small children and pets, heightening the fear of the situation.
Dr. Martin Main, a leading coyote researcher in Florida, said he believed that the attacks were by a pair or coyotes with new born pups. He surmised that coyote pups stay in the den until they are about eight weeks old, and then first venture out of the dens when they are about 10 weeks old to learn to hunt. They stay with the parents typically for a year before venturing out on their own.
Coyotes typically can roam a 10- to 15-square mile area.
The Daily reported that FWC officials, along with the Lee County Sheriff’s Office and the U.S. Department of Agriculture have joined in an attempt to control the coyotes because they have become a nuisance and danger.
In March, a pug dog was snatched from the owner by a coyote, while she was walking her pet and just this week there was another attack on an owner and two small dogs.
Morse and Main say living with coyotes is something Floridians will have to get used to.
“Florida is blessed with an abundance of wildlife and a place where people like to come and live,” Morse said.
But, the increasing population and growth in Florida leads to conflicts with wildlife.
FWC stated that there are management plans for alligators, bears and panthers, but none for coyotes.
According to Animal Diversity Web, coyotes are native to the Neoarctic region. They are found throughout North and Central America. They range from Panama in the south, north through Mexico and into the United States, and Canada. They occur as far north as Alaska and all but the northernmost portions of Canada.
Coyotes are extremely adaptable and use a wide range of habitats including forests, grasslands, deserts, and swamps. Because of their tolerance for human activities, they are also found in suburban, agricultural, and urban settings. Coyotes are less likely to form packs than are wolves. Hunting, which takes place around the den, is done individually, in pairs, or in family units depending on prey availability. Coyotes are essentially nocturnal but can occasionally be seen during daylight hours.
Part of what makes coyotes so successful at living in so many different places is the fact that they will eat almost anything, including human trash and household pets in suburban areas.
Apparently, then these attacks can occur in almost any area of the United States.
Just another reason to plan and prepare for the well being and safety of your pet.
You are responsible…assume the responsibility.
Want to Clone Your Dog?
Okay, I really enjoy my little dog, Anna.
She provides us with a lot of fun moments and is a good companion and a constant friend.
If something were to happen to her, we would be very upset.
But…
If something does happen to her, I don’t think that I would want to start all over with her again.
Let me explain…
PR Inside reports,That Start Licensing, Inc. (Start) announced that it has granted a sole, worldwide license for the cloning of dogs, cats and endangered species to BioArts International, Ltd. (BioArts) of Mill Valley, California. The license includes the grant of an exclusive option to BioArts for exclusivity in dog and cat cloning.
“Our agreement strengthens BioArt’s position as the world’s leading quality provider of companion animal cloning services," said Jonathan Thatcher, president of Start.
"This license agreement allows us to leverage Start's unique and vital international role to cement our own position in the global market. While other companies might claim capabilities in this area, BioArts is the only entity in the world with both the know-how and the legal right to practice commercial cat and dog cloning," said Lou Hawthorne, Chief Executive Officer of BioArts.
Best Friends Again, is a limited commercial cloning program sponsored by BioArts.
According to their web site, they are offering an on line auction to clone your dog.
“We are thrilled to announce the Best Friends Again program,” said CEO Lou Hawthorne. “This auction will give five very lucky people the ability to clone their family dogs. Given how challenging it is to clone dogs, this is a very rare and special offer.”
In order for you to bid on this cloning, the following criteria has been established by the company.
• You must be at least 21 years of age and be able to form legally binding agreements
• You must have a living dog from which your veterinarian can obtain a viable tissue sample, or have already gene banked viable tissue from a live or deceased dog. Please note that we cannot clone pets by using saliva, teeth, nails, blood, or fur.
• We also require a bank reference that will confirm your ability to pay for this service, with available cash, assets, or credit line of at least $250,000.
• Each approved bidder must agree to the auction terms and conditions
They advise that the cloning process usually takes 3 to 6 months after receipt of a DNA sample, but up to one year may be required to produce a cloned puppy in certain cases. The winning bidder will have 30 days after the auction to submit a tissue sample in order to start the process, which takes place in a Korean lab.
So, if you have any extra $250,000.00 lying around and want to make sure that Fido will be with you forever… give the auction a try.
I will pass.
Kentucky has Options for Statutory Pet Trust
I have a number of hunting dogs that provide both business and pleasure to me and my kids. They actually are a valuable asset of my business. Should I set up a Pet Trust for them?
Bo Paducah, Kentucky
Bo…Kentucky is in the minority of states in that there is no Statutory Pet Trust legislation that has been passed by your Commonwealth.
However, Kentucky was one of the early leaders in recognizing the desire of pet owners to prepare for the future of their pets.
In 1927, the case of Willett v. Willett, 247 S.W. 739 (Ky. Ct. App. 1923) was a landmark decision in that it was the first time an appellate court considered a will contest that arose as a result of a gift to an animal.
In Willett, the testatrix ( the one who wrote the will) devised her entire estate to her sister for life, then to her church with the exception of $1,000.00 which is to be used…
"for the support of our dog 'Dick,' if the interest is not sufficient for him to be kept in comfort, that is being well fed, have a bed in the house by a fire and treated well every day, that the principal be used to such a sum so it will last his lifetime. . . Dicky must have three meals daily..."
The trial court held the clause for Dicky's support to be invalid, because…
"(1) there is no trustee, and (2) a dog cannot take as a devisee under our law."
However, the Kentucky Supreme Court rejected these arguments, and stated that a trust should never fail for lack of a trustee. The court further reasoned that if no trustee was willing or able to serve, the court could appoint a trustee.
In addition, the Supreme Court interpreted the language of the will as creating a trust for the benefit of the dog, not as a gift directly to the dog.
The Kentucky court declared that a testamentary gift for the care of a specific animal is a humane purpose, and thus was valid under a state statute permitting testamentary gifts and trusts for charitable or humane purposes.
Finally the Court, set out its opinion on the difference between a charity and a humane purpose, stating that
"[c]harity extends to every one of a class, while . . . a humane purpose . . . moves a person to take care of or feed a single hungry person, bird or dog."
Thus, the Kentucky Supreme Court upheld the pet provisions in Willett because of an express statutory provision permitting trusts for humane purposes.
Even though you are 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.
We have discussed those options before.
Review them and discuss them with your family, attorney, financial adviser and accountant.
Then make a plan.
When Is the Right Time to Let Your Pet Go?
Both online and in daily life, I have a lot of regular contact and interaction with various attorneys throughout the United States.
I do not know why, but it never ceases to amaze me on the number of professionals that are also pet owners and lovers.
Although the focus of our writing usually is to provide for the planning for your pets after your demise, many times, unfortunately they will die before us.
A recent post from a fellow attorney outlined his agony over the impending death of his long time companion and he questioned as to when and how he would know the correct time to let his pet move on.
The responses were both informative and supportive of his unenviable position.
I thought I would share some of them with you, as many of us will ultimately face these same decisions.
"Are we causing him pain (he does not show pain) and discomfort by keeping him with us? Are we keeping him alive for us (it is very hard to let these darn little creatures go) and am hurting him in the process. He, like all living things, want to live, chase squirrels and play... but has a finite time among us. As set in the comment, he is not showing pain but is very lethargic. The vet said we will not get a "bright shining light from heaven" to tell us it is time. I feel that, as long as he can get up, eat, eliminate, enjoy short (veryshort) walks he stays, but are there other thoughts…"
Art
"I'm with the "keep him with us until he's in pain" camp. Contrary to what the vet said, I believe you WILL get a sign that it's time."
Marilou
"If there is no quality of life for the animal, then frankly I think it's unfair to simply prolong its life so you don't have to do something as painful as euthanizing him. Trust your gut...you'll know when the time is right both for you and him. Don't wait too long though. It's not fair to either of you. I hope this helps. My thoughts are with you."
Scott...
"You'll know when the joy is gone and the pain is in control. Not a bright shining light, just one morning you'll know. Listen to your heart. My only advice: stock up on a pain prescription, so that you can ease the pain at the end if your vet is not readily available."
Rebecca
"I agree with Marilou. Having lost many dogs over many years, they each told me when life just wasn't fun anymore. I never even had a doubt - they spoke eloquently in their silent appeal to stop the pain. They each went to sleep with their heads in my lap as I stroked them. It is a dog lover's final act of love to let them go. Even though you cry a river every single time."
Sharon
"I know believe that I will always know when it is time. You, as the owner and companion, will know. There is a connection between you and your loved pet and he will let you know."
Sheila
I have no conclusions to offer with this.
No clear cut rules to follow.
I only provide some suggestions from other pet owners on how to approach this difficult time of indecision and pain in your life.
Funding Options for Your Pet Trust
The bigger issue is when we talk about the final funding of the Trust for the benefit of your pet.
There are number of ways that you can ultimately transfer assets into the Trust.
The most obvious way is simply to have a certain cash amount transferred to the Trust while you are alive. The Trust is funded and will grow with accumulated interest.
The down side is that the use of the money is gone from your individual control until your death (assuming that you do not revoke the Trust).
You may also add funds to the Trust with a “pour over provision” in your will and designate specific source of the funds.
Another alternative can be the use of a Payable on Death Account.
This account is in your name individually and also in the name of the Trustee. Upon your death, without any probate process, the money should transfer to the Trustee for the benefit of your Pet Trust.
You can also purchase a life insurance policy and name the Trustee as the beneficiary of the proceeds.
This beneficiary method can also be successfully used with other forms of personal property, Individual Retirement Accounts, annuities, 401 (k)’s, corporate stock (both private and public), limited liability memberships and bonds of all types. Even rarely, in some circumstance, real estate may be used.
Remember that most, if not all of these actions, involve some type of tax implication and you need to discuss this with your financial adviser and accountant before choosing the proper course of action.
Then, of course, you will need to follow up with your estate attorney or insurance and stock brokers to verify the correct language that will be needed to be used for all of these avenues to secure the results that you require.
You have a number of options to fund your Pet Trust… make sure that you have a Trust to fund.
Include your Veterinarian in your Estate Plans for Your Pet
Certainly, your own family members, the potential trustee and the potential caretakers of your pet must all be in accord with your plans and wishes.
Your estate attorney and financial planer also need to be involved to make sure that your documents conform to the legal and financial standards.
But, don’t forget to meet with your Veterinarian.
Very few individuals have the same insight about the health and well being of your animal as your pet’s own Vet.
A discussion with him or her during your estate planning process can assist greatly.
Medical records and the future potential needs of your pets can be outlined for the caretakers.
Special dietary schedules or exercise or medication routines can be easily established for future reference.
You and your Vet can discuss the potential time line for the duration of the life of your pet. This can provide some guidelines for the total costs that will be necessary for the care of your pet and the necessary funding of the Pet Trust.
Your Vet can also play an integral role in the transfer of physical custody of your pet to the caretaker on a temporary or permanent basis and is indispensable when the final arrangements must be made for inevitable death of your pet.
Talk to your Vet on behalf of your pet.
It is a necessary part of your overall estate plan..
Don't Forget to Fund Your Pet Trust
Nathan Gene Stone, Mississippi
Nathan, once you have set up your Pet Trust you need to at least fund it with a minimal amount of money.
For the Trust to take effect, some assets must be transferred into the Trust.
Not everyone understands that the grantor (you as the pet owner) must take some affirmative steps to transfer at least some assets and fund the Trust. Merely executing the Trust itself will not cause the Trust to become funded. You must actually transfer legal title to the Trust.
The transfer is from you as an individual to the Trustee, even if you are also the Trustee.
You need to be clear that any activity that you take is as, “Nathan Gene, Trustee of the Annika the Afghan Hound Trust,” or whatever is the correct designation.
These actions, whether money transfers or whatever needs to be completed on behalf of the Trust and should be by the Trustee and not you as an individual.
You need to discuss all aspects of correctly funding your Pet Trust with your legal counsel to ensure complete accuracy.
The first step is draw up the Trust...then you are on your way to protecting your pet's future.
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 T