Source: Fall, 2001 issue of "The Caroline Earle White
Society" of the AAVS.
Visit them online at: http://www.aavs.org
Most of us outlive our pets, but as September 11th
reminds us, we need to make plans for our pets should disaster strike.
No matter what your age, making a provision for your
companion animals by establishing a will or living trust requires a
competent attorney in your state or legal jurisdiction. Taking this step
is essential to ensure that your wishes for your companions' care will
be met. (Remember also at this time to draft a "Durable Power of
Attorney," and "Living Will" to assist in your own care should you be
incapacitated.) This is not bad luck, it's good sense and peace of mind!
If you do not designate a person to leave your animal
to, your animal may end up in the hands of someone incapable or
unwilling to provide care. If you cannot find an individual you feel
comfortable with, you may want to contact an animal [care] organization
that would be willing to foster your animal until a suitable adopter
becomes available.
Another issue to consider is whether or not to leave a
sum of money or other assets to the designated caregiver to be used to
care for the animal. This is accomplished by specifying that the money
[be] bequeathed to that person for the animal's care. This is considered
an "honorary trust." Moderator's Note: While Federal legislation is
pending, the law in the U.S. currently does NOT recognize animals as
legal entities to whom one can leave money or possessions; therefore an
individual (human) or organization must be named as trustee on behalf of
the animal.)
If you are leaving your animal to an [animal care]
organization, and not a specific person, other legal steps need to be
taken and you need to consult an attorney. (Moderator's Note: You do
need to consult an attorney as the law for wills and trusts is very
tricky, and varies state by state and a "do it yourself" job for this is
not appropriate.) Although "honorary trusts" are unenforceable by the
animal, they are a recognized and useful way of providing for the care
of a companion animal. The only real concern with honorary trusts is
finding a trustee with the honor to abide by your wishes.
The following is an example of the language which a
lawyer might include in your will or living trust (again, consult with a
lawyer in your state, or jurisdiction, as what is accepted as "legal and
binding" in court differs widely depending on where you live):
I give my German Shepherd, "Sandy" to my cousin, Tommy
Goodacre. If Tommy Goodacre is unwilling or unable to accept Sandy, I
give Sandy to my friend, Penny Trueheart. If Penny Trueheart is
unwilling or unable to accept Sandy, my estate executor shall place
Sandy in a home where Sandy will receive proper care in a manner similar
to how Sandy was cared for during my lifetime. Should my estate executor
be unable to locate a loving home for Sandy, then Sandy shall go to a
suitable animal care organization. My estate executor shall fully
cooperate with the animal care organization in finding an adoptive
situation for Sandy. It is my desire that the adoptive situation be in a
loving home determined to be in the best interest of Sandy. OPTIONAL
PROVISIONS: My estate executor shall distribute the sum of $___________
to the person who accepts Sandy for the purpose of paying expenses
associated with Sandy's care. If an animal care organization is called
upon by my estate executor to assist in the placement of Sandy and such
organization is a qualified 501(c)(3) organization, my estate executor
shall distribute a cash gift of $___________ to such organization.
Making arrangements like these for your companion
animals can assist in ensuring that, in the event of your death or
incapacitation they will continue to be safe, happy, and well-
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