|
|
|
Serving Philadelphia, Delaware County, Montgomery County, Bucks County and Chester County since 1996.
|
|
Issue 4, June, 2007
FEATURE ARTICLE - Providing For Care of Your Pet in the Event of Your Death or Incapacity |
HEALTHLINE - Tai Chi Can Boost Immunity Against Shingles
LEGALLINE - Veterans Benefits - What You Might Not Know
CAREGIVER HELPLINE - Caring For Someone With Dementia (Part 2)
Providing For Care of Your Pet in the Event of Your Death or Incapacity
Who will care for your dog when you pass away? What will happen to your cat should you become incapacitated? Too often, little thought is given to what will become of a pet if its owner
dies or becomes incapacitated and unable to care for it. This is an old problem that has a new solution. In Pennsylvania, we now have a statute that provides for the enforcement of trusts created
for the benefit of pets.
Unlike your children or other relatives or friends that you may leave money to in your Last Will and Testament, an animal cannot be a beneficiary of your Will.
Instead, prior to the new Pennsylvania law, pet owners would have to designate someone to take care of their pet after they die and leave money to that person for the cost of providing care.
However, even if the proposed care giver were left money in the Will stating that the bequest was solely for the purpose of caring for the pet, the care giver would be under no legal obligation
to spend the money on the pet. In fact, they could take the pet to the pound and keep the money for themselves if they chose to do so. Any money left in a Last Will and Testament to an individual for the care
of a pet is merely a request and is unenforceable in a Court of law.
While many might say, "I trust my brother with my dog and I know he will take care of him, - what happens if your brother's son becomes allergic to your dog? Or, what happens if your brother moves into an apartment complex that won't allow pets?
A pet trust can provide direction regarding any of the unseen circumstances that may arise. Setting up a trust for your pet is much like setting up one for a person. The trust is a legal entity into which you put money and then
designate a trustee who is responsible to safeguard and administer the money. You can fund the trust during your lifetime, upon your death, or you may authorize another individual to fund the trust if you become incapacitated. You
designate a care giver for your pets expenses. You can dictate the manner in which you pet is to be nurtured, for example, naming a preferred veterinarian and providing care instructions and dietary needs. The trust may even provide for
compensation to be paid for the care giver as an added incentive for the care giver to tend to the pet. Finally, a provision of the trust will need to provide for what happens to the money you have set aside for the pet after the pets death.
Many people choose to have the remaining balance go to the care giver or to a charitable organization.
It is important to keep your trust up to date with current information and to ensure that nothing has changed in your designated care giver situation that might warrent changing designees (are they still willing to take on the
commitment, can they still physically handle the responsibility, etc.). It is also a good idea to give a copy of the trust to your chosen care giver and trustee.
Creating a trust for your pet is not just for the wealthy or eccentric. It is an easy and practical way to plan for your pet to ensure you have provided for them when you can no longer do so because of death or incapacity.
|
 |
Call Us: (610) 446-9626
Fax Us: (610) 446-9985 |
Visit our offices:
17 Mifflin Ave. Suite 202
Havertown, PA 19083 |
| Schedule a Consultation |
|
