| As a pet owner, do you need to have a pet trust or | | | | were euthanized." And David Congalton & |
| will in your estate plan? Well, maybe so, given the | | | | Charlottte Alexander, co-authors of When Your Pet |
| fact that in the American society of today one | | | | Outlives You, confirm that "More than 15 million dogs |
| fundamental sociological reality has now become | | | | and cats are euthanized in animal shelters across the |
| absolutely indisputable and well-established, namely, | | | | nation annually...[shelters] currently handle less than 1 |
| that America's house pets (generally defined | | | | percent of the nationwide abandoned parrot |
| nowadays to include dogs, cats, fish, reptiles, and | | | | population." |
| other small animals) are increasingly considered a | | | | Can you possibly imagine our treating our HUMAN |
| member of the family or a child, and not just | | | | minor children with such gross neglect or |
| "animals" any more. | | | | carelessness, even indifference and callousness? We |
| The evidence? The results of many credible surveys | | | | would all almost surely be hauled to jail en mass for |
| and studies, for example, which show, as in the case | | | | the crime of abandonment and neglect of our |
| of an October 1999 report by the USA Today | | | | helpless, innocent, loving minor children, wouldn't we? |
| newspaper, for example, that more than 66% of | | | | Can you possibly imagine us leaving our minor or |
| American pet owners consider their pets as "a | | | | infant HUMAN children completely to fend for |
| member of the family," or as in the case of a more | | | | themselves when we're not there, and without the |
| recent survey by the American Animal Hospital | | | | normal protections and safeguards as would assure |
| Association, which show that a whopping 84% of | | | | that they'll have some substitute home and a |
| them thought of their animal companions as being | | | | caretaker, if we were not able or around, as are |
| their kids. As well as the evidence from the physical | | | | largely accorded them today? Or, possibly imagine us |
| attitude, treatment and relationship of pet owners | | | | leaving our real minor human children behind with |
| towards their companion animals. Unfortunately, | | | | virtually one certain realistic fate for them - |
| however, that's not the case! Not at all. In deed, | | | | euthanasia and death? |
| quite the opposite is the case with most pet owners. | | | | Clearly, the main reason why these animals wind up |
| Yes, it's true that among pet lovers a strong impulse | | | | wandering the streets or get euthanized, after their |
| and wish often exists to make such a provision for | | | | owners are incapacitated or dead, is because they |
| the care of their pets in the event of the incapacity | | | | simply can't find homes. Their owners had made no |
| or death of the pet owner. But, typically, the vast | | | | thorough plan or arrangement - an estate plan - that |
| majority of the American pet owners generally fail to | | | | would have put together such an arrangement for a |
| follow through, however, to actually translate that | | | | next home, a suitable caretaker, and the funding plan, |
| professed desire into reality for the pets' future. In | | | | to assure that objective for the pets. Not a |
| point of fact, the most modern and effective way | | | | particularly comforting scenario especially for those of |
| to "plan" for the pet's future protection and care in | | | | us who think of our pets as being like our kids! We |
| case of a serious contingency, is through setting up | | | | have all heard the "horror stories" about pets being |
| an estate planning instrument called a "pet trust" for | | | | left behind in homes and apartments after the |
| the pets. With a valid pet trust (and a few other | | | | September 11th tragedy and the Katrina disaster. |
| simple estate planning vehicles related to it), you can | | | | Such stories were, of course, more "visible." And are |
| make specific provisions for the care of your pets in | | | | seemingly more horrifying because of that visibility |
| the event of your disability or death, and provide for | | | | factor. The central problem of the kind of frightening |
| a reliable caretaker and funding arrangement for the | | | | fate that pets face when they're left behind with no |
| pet which will be legally enforceable by the courts. | | | | good estate plan arrangement, however, is not by |
| Nevertheless, most pet owners fail to set up such a | | | | any means uncommon or limited. It is general and |
| device for their pets. Most pet owners, in deed even | | | | widespread. And, it is real for most pets - long, long |
| the estate plan professionals and lawyers in the field, | | | | before September 11th and Katrina, and thereafter |
| are not too well informed about it. Pet owners | | | | to this date. |
| pathetically fail, in overwhelming numbers, either to | | | | THE MESSAGE? Take advantage of the recent |
| make any estate planning at all in their own affairs, or | | | | advancements in the pet laws of the nation and |
| to include their pets in such plans, and frequently | | | | simply create a good estate plan, including a valid "pet |
| wind up leaving their pets with no protections and | | | | trust," making specific provisionsfor the care of your |
| subject to undue sufferings, agony, even euthanasia | | | | pets in the event of your disability or death, and |
| after their owners are incapacitated or dead. | | | | provide for a reliable caretaker and funding |
| David Congalton, co-author of "When Your Pet | | | | arrangement for the pet that will be legally |
| Outlives You," puts it this way: "How many of us | | | | enforceable by the courts. A good estate plan for |
| have already gone the extra step to make sure our | | | | the pet, to be complete, should also include a host of |
| animal companions are safe if something unexpected | | | | other special instruments, ranging from a suitable |
| happens to us? The Answer is NOT many." | | | | durable power of attorney, animal cards and animal |
| One 2000 study, for example, by pet law expert and | | | | identification and information documents, to Inter |
| pioneer, Prof. Gerry W. Beyer, reports that only | | | | Vivos or Testamentary trust, etc. With such a plan in |
| between 12 percent and 27 percent of pet owners | | | | place, you'll pretty much assure that in the event of |
| have provisions in their wills relating to their | | | | any serious emergency in your life, your pets will not |
| companion animals. JUST 27 percent - AT THE | | | | likely wind up in the pound or shelter somewhere |
| MOST! | | | | awaiting euthanasia, but will be taken into a safe |
| NO WAY TO TREAT YOUR REAL MINOR | | | | home and will be properly cared for by a responsible, |
| CHILDREN. Pets, Our "Children"? Our "family | | | | caring caretaker |
| members"? | | | | WHAT A WAY TO DEMONSTRATE OUR OWN |
| Many studies have been conducted which show that | | | | UNCONDITIONAL LOVE FOR OUR PETS! We talk all |
| many dogs, cats and other pets found in shelters | | | | the time about the unconditional love of our pets for |
| end up there only because their owners became | | | | us - unfailingly. Now, what about our own |
| unexpectedly ill or incapacitated, or were for some | | | | UNCONDITIONAL LOVE for them? Clearly, the |
| reason unable to care for them, or died without | | | | ultimate, most genuine expression of 'LOVE' that we |
| leaving any plans for their pets' next home or care. | | | | can bestow as a pet owner upon a beloved animal |
| A survey conducted between 1994 and 1997 by the | | | | companion, is to assure a legally valid estate plan by |
| National Council on Pet Population Study and Policy, | | | | which that pet animal would be protected and |
| for example, found "that 64 percent of all pets that | | | | properly cared for in the event of our incapacitation |
| entered the participating shelters for any reasons, | | | | or death. |