You may have heard about Leona Helmsley leaving her estate to her dog, Trouble, but you don’t need to be a billionaire to make arrangements for your companion animals.
No one likes to think about preparing for their own death or disability, but those of us who have animals who depend on us should make sure that we prepare for their needs if they should outlive us or if we should become unable to care for them due to serious illness or injury.
Many people make assumptions that family members will care for their animals if they cannot do so themselves, but those arrangements don’t always work out. People sometimes agree to help, assuming they will never actually have to do so. Or they fully intend to be responsible, but life situations change and they cannot fulfill their promises.
Many people make assumptions that family members will care for their animals if they cannot do so themselves, but those arrangements don’t always work out. People sometimes agree to help, assuming they will never actually have to do so. Or they fully intend to be responsible, but life situations change and they cannot fulfill their promises.
Something as serious as the fate of a companion animal – in fact, his/her very life - should not be left to good intentions and verbal agreements. Part of responsible planning for ourselves and our families should be making legal arrangements for our pets – especially those who might be difficult to plan for, such as large long-lived birds, animals with special needs, or pets who might not be allowed in rental housing or for whom homeowners’ insurance is difficult to obtain. Failing to account for these things can leave well-intentioned people in a difficult position and result in the surrender of your pets, against your wishes, to an animal shelter that may not be able to meet their needs and find them a new forever home. On the other hand, careful planning can ensure a happy ending for your beloved pets.
On March 16, 2010, H. 1467 was reported favorably out of the Judiciary Committee and is making its way through the Massachusetts legislature. This bill would allow for legally enforceable trusts to provide for the care of one or more animals if the trust’s creator becomes incapacitated or dies. It would do this by authorizing the creation of an enforceable trust that is established with the pet as the beneficiary, while specifying both a trustee for the trust and a caretaker for the pet. With this legislation, pet owners can be ensured that their wishes and directions regarding their companion animals will be carried out.
Massachusetts’ current law is not sufficient. Forty-two states and the District of Columbia have enacted pet trust laws; Massachusetts is one of only eight remaining states that continue to have no form of pet trust legislation. In Massachusetts, a person can currently only assign the assets of a trust to the caretaker of the pet, and hope that the caretaker uses the assets for the care and maintenance of the pet as intended. Such a trust is not legally enforceable. The alternative means of providing for a pet through a will is also problematic for the same reason and for the delay of providing access to the funds that can accompany the probate process, leaving the pet at risk for lack of care.
More and more people view their pets as family members and are concerned about the welfare of these animals if the animals should outlive them. The increase in veterinary advances now available to companion animals and the advent of pet health insurance for owners to minimize costs has added to the overall health and lifespan of people’s pets. Pets are living longer and are an integral part of their families’ lives. It has been estimated that between 12 and 27% of pet owners include their pets in estate planning. The American Veterinary Medical Association estimates that over 68.7 million households care for a companion animal. In Massachusetts, it is estimated that 33.3% of households live with a cat or dog (MSPCA Dorr Research).
Not infrequently, municipal shelters and animal rescue organizations find that the incapacity or death of an owner results in abandonment, surrender or the inability to care for the pet. This bill would allow pet owners to provide financial resources for the care of their animals in the event of incapacity or death, which benefits the owners as well as the pets. Additionally, the burden placed on municipal shelters and rescue organizations would be eased as pet owners would have a viable, enforceable alternative plan for the care of their animals.
For more information, and to take action on this bill, see www.mspca.org/pettrust
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