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General Pet Trust Information
Every caring and responsible pet owner wants to know his or her pet(s) will be well taken care of when they die or if they become disabled. On July 7, 2009, Governor M. Jodi Rell signed Senate Bill 650 "An Act Concerning the Creation of a Trust for the Care of An Animal" into law.
Taking effect on October 1, 2009, the new law will allow a pet owner to set up an enforceable pet trust to care for their pets. This will go a long way to ensuring that a person's beloved companion pet will not be neglected or euthanized if they outlive their owner.
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Since 1999, the Connecticut Humane Society has been consistent in urging the creation of pet trust legislation. During the 2005 legislative session, the Society introduced proposed legislation (Senate Bill 1191), which would legalize the creation of pet trusts to allow pet owners to include companion animals into new or existing estate plans. Unfortunately, 2005 was not a successful year for this legislation so the Society continued, along with many other Connecticut pet lovers, to advocate for this proposal.
The new law stipulates that the pet owner designate a "trust protector," whose sole duty is to act on behalf of the animal. A Superior Court or probate court would have jurisdiction over the trust, which would be terminated upon the death of the last surviving animal. The trust protector will have the right to seek legal action to remove or replace a trustee (the individual overseeing the fund) if the money is not being spent on the intended use.
The Connecticut Humane Society recommends seeking legal advice or contacting the Society about setting up a pet trust. We also recommend creating a second document that would accompany the trust document and be called a care manual. This manual wold be a complete description of the desired and other lifestyle care wanted for the pet and whether heroic medical care and cost should be obtained and paid for by the trust.
Please consider the following options as you discuss your estate plans with your attorney or the Society:
Incorporate A Fund
1. Pet owners should incorporate a fund into the pet trust to allow for continuous care of their pets.
2. It is important to fund the pet trust at an appropriate level.
3. Over-funded pet trusts have been subject to challenge in a court.
4. CHS can help you provide an appropriately funded and comprehensive cost analysis to establish the appropriate level of funding based on the cost of current anticipated monitoring and care, medical treatments, exercise, food and shelter.
5. This analysis takes into consideration the life expectancy of the pet based on its current age.
Trustees And Caregivers
1. Trustees and caregivers can be family, friends or anyone else you are CONFIDENT, and beyond any doubt, will put the well being of your pets first.
2. The trustee administers the trust, makes payments to the caregiver, and importantly, monitors the welfare of your pet.
3. The caregiver receives payments from the trustee and provides care based on the detailed instructions in the pet trust.
4. It is in the best interests of your pet to select a caregiver that your pet knows, if at all possible. And, generally, estate-planning attorneys recommend that the trustee and the caregiver not be the same person, to avoid any conflict of interest and to help ensure that the pets are cared for as specified by the pet owner.
However, should the need arise, CHS will ensure an ample supply of foster homes and/or temporary shelter care to ease the transition of the pet into the instructed new home. Alternatively, we can offer your pet a lifetime retirement community in our Companion Animal Sanctuary program.
Services We Can Provide
Finally, if you wish, the Connecticut Humane Society can provide a pet owner with an affordable service that includes:
1. A simple pet trust document.
2. Cost analysis to help fund the trust.
3. Thorough pet care instructions to share with temporary or permanent caregivers.
4. Emergency ID card to keep in your wallet and to post at your home.
5. CT Humane phone and contract information for temporary or permanent care giving.
6. CT Humane assistance with identifying long term care givers.
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