Pet Trust Law Blog

Release In Power Of Attorney For Pet Medical Information

Danny Meek — Fri, 12 Feb 2010 09:00:00 -0500

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.

Horse Lover Looking For Help With Pet Trust

Danny Meek — Wed, 10 Feb 2010 09:00:00 -0500

Pet lover looking for help…

..."I was wondering if you were aware of any pet welfare organizations that would be available to monitor, over the long term, the well-being of two horses that were left a trust?

It is a long story BUT a close friend of mine passed away and left inside her main trust a subtrust to pay for the care and maintenance of her two horses.

I was appointed the caregiver of them.

The current trustee has fired me from my position (and benefit) as supervising caregiver and we are currently in a lawsuit.

I am preparing for our court-ordered mediation and one of my alternative ideas is to agree to let the horses stay under the care of the current Trustee however, I would want an outside party to monitor the health and care of the animals, as well as the accounting of the horse trust.

Perhaps for an ongoing donation to the charity organization from the Trust.

The Trust is written in such a way that, should the horses die or have to be euthanized, the remainder of their trust reverts back to the bigger Trust and the current Trustee has already shown herself to be inclined to pre-maturely euthanize one of the horses...

Any answers…reply to me.

Thanks

Use a Charitable Remainder Trust in Your Estate Planning For Your Pets

Danny Meek — Mon, 08 Feb 2010 09:00:00 -0500

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

Danny Meek — Mon, 01 Feb 2010 09:00:00 -0500

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…

Condo Rules For Pet Owners

Danny Meek — Fri, 29 Jan 2010 09:00:00 -0500

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?

Danny Meek — Wed, 27 Jan 2010 09:00:00 -0500

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?

Danny Meek — Mon, 25 Jan 2010 09:00:00 -0500

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

Danny Meek — Fri, 22 Jan 2010 09:00:00 -0500

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

Danny Meek — Wed, 20 Jan 2010 09:00:00 -0500

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?

Danny Meek — Mon, 18 Jan 2010 09:00:00 -0500

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?

Danny Meek — Fri, 15 Jan 2010 09:00:00 -0500

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

Danny Meek — Wed, 13 Jan 2010 09:00:00 -0500

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?

Danny Meek — Mon, 11 Jan 2010 09:00:00 -0500

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

Danny Meek — Fri, 08 Jan 2010 09:00:00 -0500

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?

Danny Meek — Wed, 06 Jan 2010 09:00:00 -0500

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?

Danny Meek — Mon, 04 Jan 2010 09:00:00 -0500

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.

HAPPY NEW YEAR

Danny Meek — Fri, 01 Jan 2010 09:00:00 -0500

ENJOY THE NEW YEAR WITH YOUR FAMILY AND YOUR PETS!

Can You Track A Lost Pet?

Danny Meek — Wed, 30 Dec 2009 09:00:00 -0500

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

Danny Meek — Mon, 28 Dec 2009 09:00:00 -0500

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

Danny Meek — Fri, 25 Dec 2009 09:00:00 -0500

Merry Christmas

Enjoy the holiday with your family

...furry and otherwise.