More on Military Power of Attorney For Pets
I received a nice email from estate planning attorney Deirdre Wheatley-Liss, of New Jersey, on my recent post on Military Powers of Attorneys for Pets.
She wrote:
Great post - came under the heading of "things I didn't know" - so much so that this is the basis for my blog post tomorrow. I really enjoy how you keep tying your points to pets.
Well, true to her word, her blog post of Tuesday has some good information in this area and other tips for estate planning.
Visit her site here and become more educated.
Military Power Of Attorney Especially for Pets
I was speaking with a law professor this past week and she asked about a military power of attorney for pets.
There is a specific statute that can apply in this area.
The United States Code, Title 10, Armed Forces, Section 1044 b provides for Military Powers of Attorney.
The Code provides in part…
A military power of attorney is exempt from any requirement of form, substance, formality, or recording that is provided for powers of attorney under the laws of a State; and shall be given the same legal effect as a power of attorney prepared and executed in accordance with the laws of the State concerned.
For purposes of this section, a military power of attorney is any general or special power of attorney that is notarized in accordance with section 1044a of this title or other applicable State or Federal law.
Under regulations prescribed by the Secretary concerned, each military power of attorney shall contain a statement that sets forth the provisions of subsection (a).
…shall not be construed to make inapplicable the provisions of subsection (a) to a military power of attorney that does not include a statement described in that paragraph.
In this section, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and a possession of the United States.
A Special Military Power of Attorney for Pets can designate an individual or individuals to care for and maintain your pet (s) during your absence, and authorize any and all medical care necessary, including major surgery and humane disposal, as deemed necessary by the Veterinary Service:
The Military Power of Attorney can be for a time certain or until written revocation.
Or, as an alternative, The Military Power of Attorney can also be set up to state that if the Declarant shall be, or has been, carried in a military status of “missing”, “missing-in-action” or “prisoner of war,” then the power of attorney shall automatically remain valid and in full effect until sixty (60) days after the individual has returned to the United States Military control following termination of such status.
Why Do I Need An Emergency Power Of Attorney For My Pets?
Why have an emergency Power of Attorney prepared in advance for your pets?
Well, in the event that you are unable to provide for the care of your pets, you could authorize an Agent to act on your behalf.
The Power of Attorney would allow the Agent to take emergency and temporary possession and custody of your pets and spend such amounts of your money as may be necessary for their health, care and welfare.
The Power can also give the Agent the ability to pay for food, veterinary care or insurance, toys and other recreational activities, as well as temporary boarding and pet-sitting fees.
It can also specify that the Agent makes sure that your pets receive the same standard of health, care, and welfare as you would normally provide.
When your emergency has ended, you can simply rescind the Power of Attorney and return to taking personal care of your pet.
It will only be used in an emergency and is for the protection of you and your pets.
A win-win situation for all involved.
Do You Have a Pet Power of Attorney?
Did you know that in the event that you ate unable to provide for the care of your pets, that you can authorize an Agent to act on your behalf.
The Pet Power of Attorney would allow the Agent to take emergency and temporary possession and custody of your pets and spend such amounts of your money as may be necessary for their health, care and welfare.
The Power can also give the Agent the ability to pay for food, veterinary care or insurance, toys and other recreational activities, and temporary boarding and pet-sitting fees.
It can also specify that the Agent makes sure that your pets receive the same standard of care as you would normally provide.
When your emergency has ended, you can simply rescind the Power of Attorney and return to taking personal care of your pet.
It will only be used in an emergency and is for the protection of you and your pets.
If you do not have a Pet Power of Attorney, now is the right time to have one prepared.
See your attorney for the correct assistance and direction.
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.
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.
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.
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.
Power of Attorney for your Pet---A Powerful Tool
Most responsible parties would agree that all adults need to execute a power of attorney in the event of a temporary physical or mental disability. Generally speaking the spouse or an adult child would be appointed as the agent to act on behalf of the disabled individual.
The American Bar Association, ABA…states, ”An important part of lifetime planning is the Power of Attorney. Valid in all states, (in fact many states, such as New York www.oag.state.ny.us, have statutory forms for a power of attorney) these documents give one or more persons the power to act on your behalf.
The power may be limited to a particular activity (e.g., closing the sale of your home) or general in its application, empowering one or more persons to act on your behalf in a variety of situations. It may take effective immediately or only upon the occurrence of a future event (e.g., a determination that you are unable to act for yourself). The latter are "springing" Powers of Attorney. It may give temporary or continuous, permanent authority to act on your behalf. A power of attorney may be revoked, but most states require written notice of revocation to the person named to act for you. The person named in a Power of Attorney to act on your behalf is commonly referred to as your "agent" or "attorney-in-fact." With a valid Power of Attorney, your agent can take any action permitted in the document…”
Today, with many households having two workers or split schedules, more families are concerned about the well being of their pets in the case of an emergency. You can establish a power of attorney for your pet to be used by a family member or a friend to alleviate some of this concern.
The document can be as specific or as general as you desire. The power of attorney can grant the right for another individual to seek medical treatment of behalf of your pet and provide instructions for feeding or vitamins. The document should specifically identify the pet or pets to be involved and the compensation if any, of the agent. Of course you will need to discuss this with the individual that you chose to make sure that they are comfortable with their responsibilities. You also need to make sure that they, as well as your vet, have a properly executed copy of the document and that they have immediate access to your pet in the event that it becomes necessary.
One final thought. A power of attorney is only one part for your estate planning for your pets. A power of attorney ceases immediate upon the death of the maker and is of no further effect or use to the agent.
