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Home Sweet Home Pet Sitting has experience with dogs, cats, birds, and even horses!!! COMPETETIVE RATES
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PET TRUSTS AND WILLS
More and more animal lovers in the US are preparing for their pets in wills and trusts, and luckily the laws are slowly changing to reflect what many of us feel-that our pets ARE our children and we should be legally able to prepare for their well being should we unfortunately pass away or become incapacitated.
It is a sad fact of life that all living things eventually must die, and an even sadder fact when you think about the 50 animals per hour in the US that are euthanized because their owners passed away and noone was there to care for them. In this day and age, luckily the US is starting to enact laws, much like the UK has already done, to protect these loyal pets after their owners have passed. Home Sweet Home Pet Sitting strongly urges those of you financially fortunate enough to remember your pets in your legal documents, trusts, and wills.
Luckily, some people have family members or friends to step in and care for their pets when they are infirmed or pass away. The often grieving pet may not always be so lucky if there is not a strong support network to step in for the good of the animal. Please see the excellent website www.2ndchance4pets.org for the staggering statistics of animals whose owners could not properly prepare for their pets future in case they were to predispose them. There is hope, though, if you prepare ahead of time for the inevitable! The aforementioned website has lots of valuable tools and information to help you start planning for the security of your pets, just as many prepare for the future of their children.
Hopefully, Delaware will soon realize that to many of us, our pets are our children! The "Uniform Trust Act" was passed in the House of Representatives last year and is currently stalled in the Senate. Please contact your Senators directly to express your support for this Act to be enacted in Delaware. Unfortunately, our lawmakers recently found this Act unimportant to even discuss, so as far as I know it lays there floundering in our Senate.
Once passed, a trust could be legally created for the sole purpose of providing for the animal once the owner is gone, whether it be kept in its own home or placed in a new forever home. It is foreseeable that given there is property, a caretaker could take care of the animal in its own home-and the trustee in charge of the pet trust would oversee and make sure the animal was properly cared for and loved. "Pet Care Panels" can also be formed, and can include your friends, family, veterinarian, and yes, even your local pet sitter!! Another really great site is www.estateplanningforpets.org . There are even companies that will work out a whole comprehensive plan for the assurance of your pets well being. www.PetGuardian.com can help, also, and they have ties with Best Friends Animal Sanctuary and rescue network. Some rescues will take your animal and care for it for life once a certain fee has been paid or promissary note signed. Please see the websites for the specifics.
It is my understanding that currently in Delaware, you can name a person in your will to be a beneficiary and put in the wording of the will that the money is to be used for the care of the pet for its lifetime. The beneficiary is NOT the trustee or the caregiver, to avoid conflicts of interest. The care of the animal is monitored by a trustee or "pet care panel" who assures the animal is being well cared for by the caregiver. The animal lives its life out comfortably, funded by the trust, and all monies leftover after the animal has passed away would go to the beneficiary. A DURABLE POWER OF ATTORNEY addresses the requests of the person should they become infirmed- The designee would then make legal and medical decisions for that person, guided by the language in the document. Life insurance policies can be purchased naming a beneficiary and a trustee who would be responsible to make sure the pet owners wishes were carried out. It gets kinda complex for "the layman," so please see your attorney for the exact current laws on estate planning for your pets.
In closing, please download the wallet ID cards from www.2ndchance4pets.org and carry them on your person. In case you should become injured or worse, emergency personnel would know that you had pets at home and could contact someone to help your pets.
Home Sweet Home Pet Sitting would be pleased to meet with you to discuss how a pet sitter can help care for your pets for the rest of their lives, even if you can't be there any more for them!! May longevity be with all of you, and here's to a lifetime of puppy love and kitty kisses!
This is the Uniform Trust Code of 2000 (recently died in Delaware Senate):
SECTION 408. TRUST FOR CARE OF ANIMAL.
1. (a) A trust may be created to provide for the care of an animal alive during the settlor’s lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor’s lifetime, upon the death of the last surviving animal.
(b) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if no person is so appointed, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed.
(c) Property of a trust authorized by this section may be applied only to its intended use, except to the extent the court determines that the value of the trust property exceeds the amount required for the intended use. Except as otherwise provided in the terms of the trust, property not required for the intended use must be distributed to the settlor, if then living, otherwise to the settlor’s successors in interest.
Additional references:
A great book!! "All My Children Wear Fur Coats," by Peggy R. Hoyt
-ordered from: www.legacyforyourpet.com
www.professorbeyer.com/articles/animals/
www.hsus.org/ace/11834
www.hsus.org/ace/15261
www.PAW*RESCUE.ORG/PAW/PETTIPS/DogTip Petsitter.PHP
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All material herein © '2005 "Home Sweet Home Pet Sitting".
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