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?