
Providing for Pets
Take steps to ensure a lifetime of proper care for your pets in case of death, illness

Pet trusts allow owners to not only set aside money for care, but to determine how the money will be used to care for the animal.
Not everyone has millions of dollars to provide for pets after their death like hotel magnate, Leona Helmsley.
Her saga – Helmsley willed $12 million to her white Maltese, Trouble – is serving as a reminder to millions that it is vital to take action, not merely contemplate after-death care for pets; tend to all the details (Helmsley’s brother declared after her death he wasn’t really interested in taking on her dog) and make sure to update the terms and provisions regularly as circumstances change.
Thousands of pets wind up in animal shelters every year, experts say, because their owners didn’t take appropriate or timely action to ensure proper care after their death, or because they made assumptions about friends’ or family’s willingness to take on responsibility for additional animals.
At least 25 percent of people have made after-my-death arrangements for their animals according to the American Bar Association, Chicago, and they believe most of those numbers occurred in the last decade or so. But that means about three-fourths of people have not.
There are a few ways to approach formalizing pet provisions. These are the most common:
• A simple pet trust. It’s cheaper to establish than a traditional trust, can be appended to your will and ensures your ability to stipulate exactly how the money is spent and even the level of care and attention the animal receives long after you’re dead. Thirty-eight states have passed legislation allowing for simple pet trusts. Wisconsin was the leader – it took root in 1969. Thirty of the states have enacted legislation in the last seven years.
• A bequest in your will. You leave money, designate a caregiver and make known any other wishes about the care of the animal. This doesn’t have the level of protection of a trust. But it’s far better than having a handshake-agreement with a friend.
• Providing funds for an organization to care for your pet. Many organizations exist to provide shelter for animals after a caregiver dies. Some guarantee life-of-the-pet care in a facility in the event they can’t find an appropriate home for the animal. Others essentially guarantee a new home and also promise to monitor the conditions and pet care. This kind of arrangement can run anywhere from a few thousand dollars to more than $25,000. Experts say it’s important to visit the facility, and be aware that sometimes organizations run out of funds or go out of business, and you’d want to know what will happen to your animal in that event.
Whichever route is taken, it’s important to seek expert counsel from an attorney familiar with the laws of your state and pet provisions.
And no matter which approach you take, there are several matters to tend to:
• Designate at least one backup caregiver for your pet so that whatever unexpected scenario occurs there will be coverage.
• Revisit the terms at least once a year. The people you have named may have died, had children or other lifestyle changes that alter their ability to care for additional pets.
• Consider the age and adaptability of the animal. Some people with terminal illnesses have been known to provide for humane euthanasia of elderly or ailing animals that might not adapt well or happily to a new living arrangement.
• Care costs generally increase for older animals, so make sure you’re providing sufficient funding as time goes on.
If you’re in the beginning steps of formalizing arrangements for your pet, there are several sources online that offer basic information:
The Humane Society of the United States (HSUS) posts some things to consider at http://www.hsus.org/pets/pet_care/providing_for_your_pets_future_without_you/.
The Animal Legal and Historical Center at Michigan State University College of Law has some great information online: http://www.animallaw.info/topics/spuswillstrusts.htm
The Partnership for Animal Welfare has compiled some good advice and also offers recommendations for more information and resources at http://www.paw-rescue.org/PAW/PETTIPS/DogTip_Wills.php
And you can order a free kit on the topic from HSUS. Call 202-452-1100. Ask for the Pets in Wills packet.
While you’re making arrangements for your pets in the event of your death, take another step: Make arrangements for them should you unexpectedly wind up in an accident or with a sudden illness that requires hospitalization.
What’s your question? Sharon Peters would like to hear about what’s on your mind when it comes to caring for, training and loving your pet. E-mail Sharon@Pets2008.com.
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