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.
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?
Welcome to the Blog!
Hello and welcome to the blog.
Thank you for stopping by and taking the time to look around. This blog is all about people and their pets. You and your pets.
It is estimated that in the United States alone, over 65% of all homes have pets. Some 90 million cats and 75 million dogs are considered family members.
They live, play and even sleep along side of their owners. Pet lovers stay home from work when their pets are sick, they spend money without hesitation on toys and food and pay huge vet bills.
We spend time and money to plan for our business and personal estates and for more and more of us, the issues of estate planning for pets is considered a vital part of that plan.
In this blog, we will explore and discuss the various options used by individuals and families to plan ahead to make sure that their pets are not deserted or mistreated. More specifically, we will look at the how, why and when to plan for the well being of pets after the death of the owner.
We will review the possible uses of pet trusts and how they are funded; explain power of attorney for pets; discuss clauses that owners may place in their wills to provide for their pets; outline some guidelines for the selection of your pet’s caretaker and trustee and review options for the inevitable death of your pet that will occur.
To help along the way, we will review some of the basic terms used in estate planning and probate to take the mystery out of the legal process and make you more comfortable with your decisions.
My interest in this?
Besides, providing you information and assistance for this additional family member? A two year old Cavalier King Charles Cocker Spaniel named Anna, who runs our house.
