The Dog Behavior Answer Book - Arden Moore [92]
Exercising Will Power
Q I share my home with a cocker spaniel, a pug, and two cats. I hope to be around to provide for them to the end, but I know that I should have a plan in writing for how to care for them in case I die first. I would never want any of them to be abandoned, taken to an animal shelter, or be separated. They love each other. What kind of legal protection do I have to ensure that my wishes are carried out if I should die before my pets?
A You represent a growing number of pet owners who are drawing up wills, living trusts, and other legal documents that specify how their pets should be cared for — and by whom — in the event they become incapacitated or die before their pets do. Legally, pets are considered to be personal property, which means you have a right to determine what happens to them in the event of your death. You are absolutely right that any arrangements should be made in writing, because verbal agreements cannot be legally enforced.
Far too many beloved pets end up in shelters after their owners die unexpectedly or become ill and need to enter a nursing home. In the chaos, trauma, and upheaval that often occurs when someone dies, pets can easily be overlooked while funeral arrangements are being made. Prearranging the care of your pets gives you peace of mind, and it’s never too early to make legal arrangements. The first step takes only a few minutes — and it’s free. Here’s what to do.
Keep a card in your wallet that specifies who should be contacted to take care of your pets in the event of an emergency. Include their phone numbers. Post this information on the front of your refrigerator or in another highly visible place in your home. Give a third copy to your veterinarian and to any pet caretakers, like doggy day care providers or kennel operators, and let family members know that you have made these plans. Make sure the people you are designating have agreed to be your pet’s guardian!
Keep a separate file on each pet. Include the pet’s medical history, a personality description, likes and dislikes, eating habits, how your pet relates to people and other animals, and most important, a labeled color photo. Provide a backup copy to your chosen caretaker. Separate files are important so there is no confusion about which pet needs which medication or special food.
Contact your county or state bar association for names of attorneys who practice estate planning and animal law. Be aware of the difference between wills and trusts. Essentially, a will directs who gets what after a person dies. A trust can be implemented while you’re still alive (should you no longer be able to care for your pet). Both can be changed or updated should you want to do so. There are many types of trusts, and they vary from state to state. With an honorary trust, for example, you can declare one person as trustee to be in charge of the money paid out for the care of your pets and another person in charge of the actual care of your pets. This can establish some important checks and balances.
If you do not have a friend or family member willing to care for your pets, look into pet retirement homes, sanctuaries, or shelters that set aside separate buildings that serve as long-term dog condos. Consult your veterinarian or animal behaviorist about a reputable shelter or animal organization you can designate to care for your pet. Ask for references and a written agreement that spells out your wishes. You can also name a shelter, veterinary hospital, or other animal agency as your beneficiary. In exchange for agreeing to be your pets’ caretaker, you bequeath them your home or other asset.
Providing legal protection for pets is a growing area of the law. As much as we do not want to think about dying, it is important to determine who will take care of the pets we leave behind. These steps can ease your worries and provide a healthy, happy future for your pets.
Who Gets the Dog?
Q My husband and