As many of you know, as an elder law attorney, I prepare many estate plans and I am dedicated to making sure that people make a plan for their potential incapacity and if they have minor children, for their care.
Last month, a dear geriatric care client asked me to amend his trust to include a provision for his sweet dog.
This pet was the fifth adopted by him and his wife over the course of their long happy marriage. (See Dexter Foundation link below)
His wife passed this February and my client found himself alone in the world. Except he had Maddi (not Maddie or Mattie).
I must be sure to spell her name correctly or I am told she will growl at me in our next encounter. I will see this client often now, because as his geriatric care manager, I am his person and Maddi is his baby.
As a responsible parent, my client wanted to make sure that if he passed before Maddi, she would be cared for.
California law allows an individual to "create a trust for the care of a designated domestic or pet animal for the life of the animal." (CA PROBATE § 15212).
The duration of such a trust can only be for the life of the pet. In this situation, my client chose his nephew to come to California, pick her up and care for her as he has cared for her.
This has provided my client with immense peace of mind. It also ensures that Maddi, like so many wonderful pets, won't end up in the pound.
It should also be noted that a trust that goes into effect while the pet owner is still alive can provide instructions for the care of the animals in the event that the pet owner becomes gravely sick or injured.
Since pet owners know the particular habits of their animals better than anyone else, they can describe the kind of care their pets should have and provide a list of person(s) willing to provide that care.
If you would like to finally get your estate plan done, you can call me anytime. And don't forget to laugh a lot and often.
If you would like to make a donation to an animal rescue organization, you can follow anyone of the following links:
ASPCA Donate
Rover Rescue (this is where we got our Dixie from last month)
Dexter Foundation (where Maddi came from)
