Can Your Will Provide for Euthanasia for Your Pets?

We have written often on euthanasia for your pets, but I continue to receive inquiries on this issue and will preparation.

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


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


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

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


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

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

Hopefully, you will reconsider your decision and allow your pets to live the duration of their natural lives.

Can Your Will Provide for Euthanasia for Your Pets?

We have written often on euthanasia for your pets, but I continue to receive inquiries on this issue and will preparation.

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


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


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

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


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

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

Hopefully, you will reconsider your decision and allow your pets to live the duration of their natural lives.

Continuing Comments On Euthanasia for Pets

Our readers and posters continue to discuss the effects and affects of pet euthanasia.

..."Thanks for posting! I should also add that Virginia, where I'm located, has seen substantial changes in 2008 with its animal law provisions, along with a rash of hoarding and abuse cases.

   The statute mandates standards of care, and vets and shelters (and possibly now judges) may refuse to put down a perfectly healthy animal.

   I am very empathetic to the individual who, particularly given the economic climate, is unable to pay for the care of their animals.

    But there are many, many rescues and shelters out there who are able to help -- and as my earlier comment notes -- often cage-free and in a foster situation."

Let us know your thoughts...

Is Euthanasia a Viable Component of Estate Planning for Animal Owners

The issue of euthanasia for pets continues to bring new and different comments from the readers.

Here is the latest post:

    As an owner of an animal, do we have the right legally to euthanize our healthy pet due to a health issue, death, or loss of income.

   1) I agree caging a dog that has never been crated is cruel and they can lose sanity within a certain amount of time.


   2) Risking that the adopter will be kind and loving is an ongoing torture for the previous owner. 3) Getting lost by the new owner is more mental and emotional torture for the previous owner.

   Life doesn't guarantee humans a steady smooth course and sometime we must sacrifice giving away our beloved pets.


   My question is as a pet owner do we have the right to put our healthy pet down if we fear for its safety and well being?

   What If we feel, no one will love them and care for them the way we did?


   After death we know where our pet is and our belief is that they are in a better place and at peace.

   I would like to know what other readers feel about this.

Yet Another View on Pet Euthanasia and Estate Planning for Animal Owners

 

 

 

Another response on the continuing issue of euthanasia for your pets follows from a regular reader.

   "Your reader's concern for preserving the life of a healthy pet when he is gone is laudable.

    It is not realistic, though, to push that responsibility on to others without providing them with the means to do so.

   Whether through a pet trust or informal arrangements of the sort the read describes,chosen cargivers must be provided with the financial resources to insure the pet's proper care."

Send us your thought son this issue.

A Reader's Thoughts on Pet Euthanasia and Estate Planning

I have written extensively on the various views on euthanasia for pets.

I recently received this email from one of our readers in response to a previous posting by another reader.

I can't possibly condone euthanizing perfectly healthy animals just because I'm no longer around. I would think it best to plan for your companion animals as follows: (1) Name individual(s) who can have the first option of whether to take your animals when you die; or (2) If there is no such individual, look to the place that you got your pet. Any breeder, rescue or shelter worth a lick should have had a contract stating that they would take the animal back (and should be given the opportunity to OK the individual who you name in option #1); or (3) If that fails, look to the local shelter -- or rescue if you are not satisfied with your local shelter.

The reader's blanket statements just don't hold up. First, I do not understand the statement that cruel people adopt from shelters. Many, many wonderful folks adopt many, many wonderful animals from shelters every year. Second, there are so many incredible rescue organizations out there, many of which are foster only, with no cages at all. For that matter, more and more local shelters are also setting up foster programs.

Don't get me wrong -- I believe euthanasia has its time and place. It just seems incredibly egotistical to me to think that an animal shouldn't go on because I'm no longer around. I guess I have more faith in people, shelters and rescues than this particular reader.

Your thoughts or response?

 

Another View on Pet Euthanasia

I recently wrote that euthanasia should be a part of your estate planning for your pets.

 

A reader responded with her ideas to this post:

 

"I would want my 14 cats euthanized if i died because

   #1-they have never spent more than a few hours in a cage. I believe cages damage the spirit of animals and if they could speak English would rather be euthanized to start their spirit on a new journey! 


   #2- I realize that cruel people adopt animals from the shelters-never do i want my cats to suffer cruelty!!!


   #3-some people loose animals. i never want my guys to EVER be lost!


I've had as many as 28 cats at one time and never had a lost one in 30 years.


Yes all of mine are neutered, get shots and vet care as needed!


I believe in humane euthanasia for feral and strays. How long could a human hang out in a cage without going bonkers? why do we think animals that sometimes have had a territory of miles and miles can do so and be healthy?


Euthanasia is a good thing and we need more vets to do it willing if that is what the owner wants!
why are humans so afraid of death? It is something everyone and everything is going to do-why not do it at a good time instead of after the suffering has set in!!!!!!!!!!!!!"

Your thoughts on this difficult issue are welcome.

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.

 

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.
 

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.
 

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.

 

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.
 

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.




Euthanasia Battle for Pets Heats Up

The issue of euthanasia for unwanted or abandoned pets is the subject of a Newsweek story that is posted online this week.

The story focuses on the difference in philosophical beliefs of major animal rights groups including People for the Ethical Treatment of Animals (PETA), the Humane Society of the United States (Humane Society) and smaller, but vocal groups regarding euthanasia for pets, particularly at major shelters.

Some municipalities have enacted legislation for immediate or future no-kill goals for public and private shelters.

While this debate is not going to be quickly or easily resolved, we found some of the comments to the story to be very interesting and wanted to share some of them with you (the identification of the comments are self proclaimed and the comments are verbatim).

Tina Clark: Comment: “Please stop using the word "euthanasia" to describe the killing of healthy or treatable animals. Although it is common practice to use the word in this way, it is grossly incorrect. Webster defines euthanasia as "the act or practice of killing or permitting the death of hopelessly sick or injured individuals...in a relatively painless way for reasons of mercy." The vast majority of animals killed in so-called "shelters" and by PETA are neither hopelessy (sic) sick nor hopelessy (sic) injured. To use this word in this way perpetuates the idea that killing them is doing them a favor. It is not.”

RottieRuckus: Comment: “My area shelter, in a small city in New Hampshire, is a no-kill shelter. What that means for people looking to surrender less than desirable breeds of dogs (Pitts and Rotties, for instance) or older, big dogs is that the shelter refuses to take them. Until all the elements are assembled--readily available, affordable spay/neuter programs, buying only from COE breeders, or acquiring a dog from breed rescue groups or shelters, no-kill is a beautiful (sic) theory that fails in practicality.”

SharedThought: Comment: “One way to reduce animal euthenasia, (sic) would be to require that animals can only be sold to households licensed to buy them. Only households in which at least one adult member of the household has successfully completed a course about the proper care of animals, could be licensed. And, licensed households that fail to deal with animals responsibly, (sic) could lose both their animals and their license.”

CVHumane: Comment: “The final issue not talked about in this article, is the meshing of the "No Kill" with the spay/neuter emphasis. In addition to the ramping up of a volunteer corps and outreach programs, spay/neuter is very much a major component of the No Kill movement just as it is for PETA and the Humane Society of the United States. There should be no conflict in this. It is not either/or, it is both controlling births and finding loving homes for homeless companion animals.” C.Vreeland, President, Humane Society of Greater Kansas City

Interesting, emotional thoughts on this issue…

Where do you stand? Let us know…


Can You Direct Euthanasia for Your Pets in Your Will?


Many pet owners, who have devoted a great deal of their lives to their animals, believe that if they are no longer around to take care of them, no one else will be equal to the task.

Some may rationalize that it would be better for their pets not to survive, then to be placed into a facility or a home where they might be treated poorly.

Pet owners have tried to eliminate this possibility by inserting a clause into their will that directs that euthanasia be utilized upon their animals at the death of the owner.

Ida Capers of Pennsylvania passed away in 1963. At the time of her death, she had two pet Irish Setters. Ms. Capers inserted a clause into her will that stated:

"I direct that any dog which I may own at the time of my death be destroyed in a humane matter and I give and grant unto my Executors hereinafter named full and complete power and discretion necessary to carry out the same."

The public outcry again this action eventually led the court to decide that the clause was invalid and void as against public policy. In re Capers Estate, 34 Pa. D. & C.2d 121, 122 (1964).

Since that early case, a long line of court decisions have followed that reasoning and subsequently, clauses of this nature are generally not upheld.

As we have seen in other postings, many states and even cities are leading the way in providing their citizens needed information on estate planning for their pets

Many states have authorized the establishment of Statutory Pet Trusts and the courts are slowly but constantly moving toward the acknowledgement of more rights for pet owners.

The Association of the Bar of the City of New York is one of the organizations that is providing extensive information in this area.

Their brochure of public information provides some insight into the area of pet euthanasia. A part of the booklet provides:

“Provisions in a Will directing that an animal be euthanized upon the death of its owner have been invalidated by the courts. While a pet owner may feel it is important to protect a pet from subsequent mistreatment or a "bad home," it is questionable whether a healthy pet's life must end by euthanasia when its owner dies. Nevertheless, if a pet owner wishes to provide for euthanasia, it is preferable to specify in a Will that the pet be cared for by the Executor or a friend for a period of time and ask that this person attempt to find a good home for the pet, and if no home is found after a specified reasonable period of time, that the animal may betaken for euthanasia. A court may be less likely to overturn such a provision”

The entire document can be viewed here.

On final thought by the New York City Bar is somewhat ominous,

“It should be noted that if you bequeath your animal to a friend or relative, that person becomes the owner and has all the rights and obligations of the pet's care, including the right to euthanize the animal.”

Does your friend love your animal as much as you?