TBO.com - TBO is Tampa Bay Online

AFTER THE END

File photo

Florida views pets as possessions, which creates a problem if you suddenly die or become unable to care for your pet.

ADVERTISEMENT

By KRISTEN LEVINE Tribune correspondent

The Tampa Tribune

Published: March 26, 2009

Updated: 03/27/2009 05:33 pm

Today's savvy pet owners have hurricane plans, diet plans, exercise plans, even travel plans for their beloved animal companions.

But how many have planned for the worst? It's not pleasant to contemplate, but it's a fact: Any one of us could leave for the grocery store today and never come home.

Where would that leave your best buddy?

Florida and other states view pets as possessions, not living creatures. That creates a problem if you suddenly die or become unable to care for your pet.

"Under Florida law, household pets are personal property, similar to one's appliances and furnishings," says Susan M. Charles, an elder law lawyer in Largo.

However, a state law passed in January 2003 allows you to create a legally enforceable trust to care for your pets. A trust, or even a simple will that provides for your pets, is vital if you care about what happens to them after you're gone.

A pet trust outlines a person's wishes for their pet and provides financial resources to carry them out. The language is very specific.

"A person needs to be appointed to care for and make decisions for the pet's care," Charles says.

Even if a pet owner can't afford a trust, she should at least have a plan.

"A willing and able person should receive the pet in the owner's will or trust," Charles says. "It is imperative that the owner confirm this person's willingness to accept the owner's pet, and it's a good idea to leave a monetary gift for this person to offset the cost of veterinary care, food, and shelter ... for the remainder of your pet's natural life."

What if the pet is elderly at the time of the owner's death? It may be difficult to place a senior pet with health issues. Often, pet owners have chosen to have their elderly pets euthanized after their passing.

Those and other wishes can be outlined in a will or trust.

Another possibility is a pet owner suffers an injury or illness that leaves him unable to care for his pet. Provisions should be made in advance through a power of attorney document that allow an appointed person to make arrangements for pets.

If you make no plans, Florida law can step in: The pet is considered abandoned and delivered to the nearest animal shelter after 10 days.

The worst-case scenarios can go a few different ways.

"Someone may step forward to accept the pet, but then finds the pet requires too much work or is too expensive to care for," Charles says.

The person may choose to have your pet euthanized.

Another sad scenario: No one is able and willing to accept your pet, so your representative has the pet euthanized.

Or the pet can end up at a shelter. Maggie, an adult female cat, awaits adoption at the SPCA Tampa Bay in Largo after her owner passed away with no plan for her.

It's a too-common occurrence, says Gretchen Gallagher, director of gift planning for the SPCA Tampa Bay.

People of any age or wealth should make an estate plan. Powers of attorney and simple wills can be inexpensive - possibly a few hundred dollars. Trust agreements may be more expensive but are recommended for people with larger estates or specific wishes for their pet's lives

Write to pet-lifestyle expert Kristen Levine at Fetching Communications, P.O. Box 222, Tarpon Springs FL 34688; e-mail kristen@fetching

ESTATE SEMINAR

The SPCA Tampa Bay offers a free Estate Planning seminar from noon to 2 p.m. Tuesday at the St. Petersburg Yacht Club, 11 Central Ave., St. Petersburg. Financial and legal experts will cover pet trusts, pet planning, charitable planning strategies and more. Guests may bring a friend, but seating is limited so please RSVP to Gretchen Gallagher at (727) 581-3249 or e-mail Gretchen@spca tampabay.org.

PET PLANNING CHECKLIST

IDENTIFY AND DESIGNATE someone to assume ownership of your pets. Choose an alternate caretaker as well.

STAY IN TOUCH. Make sure the person continues to be willing to honor this commitment, especially if your pet has special needs.

PROVIDE SUFFICIENT MONEY to care for your pet. Authorize payments for the care of pets and specify that you are willing to pay for food, veterinary care, grooming, exercise, socialization, etc.

AUTHORIZE SPECIFIC PAYMENTS to family members and friends, professional pet sitters, and veterinary clinics.

EMPOWER your personal representative (executor) to make arrangements in the event that the original provisions cannot be honored.

USE LANGUAGE that refers to your "pets" instead of their names. That way no one will be left out if you get a new pet and your documents are not up to date.

USE THE SPCA PET PROFILES to establish a standard of care that you can refer to in your document. The profiles also provide valuable guidance on how to care for your pet in an emergency.

NAME A "TRUST PROTECTOR" to oversee your pet's new owner and the funds you have set aside for your pet's care.

ADDITIONAL RESOURCES: The SPCA Tampa Bay offers "The Pet Owner's Guide to Estate Planning For Pets," a pet alert wallet card and pet profile forms. To request any of these free materials, call (727) 581-3249 or visit www.spca tampabay.org.

communications.com.

Share this:

Loading Comments...

Email Print

ADVERTISEMENT