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The Honolulu Advertiser
Posted on: Sunday, April 15, 2001


Include your pet in your estate planning

Hawaiian Humane Society

How many of us have really thought about our future? While estate planning may not be as much fun as scheduling a weekend getaway, the fact remains that we face an uncertain tomorrow.

Preparing a will or living trust can help ensure that your animal companions will live a happy life after you are unable to care for them.

Hawaiian Humane Society

Preparation is key in securing the well-being of your loved ones. And if you are like 56 percent of O'ahu households, this includes planning for your pet's future, as well.

Responsible pet owners, regardless of age or physical condition, should prepare themselves and others to care for their animal companions when they are gone, whether you live in an apartment or house, it's called estate planning, and it could save the life of your pet.

There have been cases in which a pet owner passed away and his beloved pet was found days later in the empty house.

You can avoid this by planning carefully and formalizing your wishes in a will or living trust that is legally binding.

Here are some steps you can take to ensure that your pets will continue to live a happy, healthy life when you are no longer there to care for them:

• Take action now to create your own will or trust. Everyone should establish a will or living trust for a variety of good reasons, the most important one being that it communicates your wishes when you can't.

When you establish a living trust as your basic estate planning document, you are controlling the distribution of your assets upon your disability or death and you can specify how you want your pets cared for.

A living trust also lets heirs avoid the expense and delay of Probate Court and can reduce attorney fees and estate taxes.

• When you put your estate plans in writing, the will or trust should include a statement that establishes guardianship for your pets and designates financing for pet care. This helps prevent delays that could keep your guardian from legally taking over the care of your pets right away.

• Choose a pet guardian who will agree to follow your wishes. There are basically three choices for guardians:

A. Someone adopts your pet into his own home.

B. Someone keeps your pets temporarily while seeking a permanent new home for them.

C. A responsible humane society cares for your pet and actively searches for a home.

Everyone looking for a lifetime guardian for a cherished pet would love to find someone from the first option, and consider those from a pool of people who are already comfortable with the pet, such as relatives, co-workers, friends or neighbors.

Screen potential pet guardians carefully, since being an animal lover is not the only criteria. Talk to them about your pet's idiosyncrasies and secure their agreement to be guardians.

Make sure you know about their living conditions, working hours or health problems that could affect their ability to care for your pets for their lifetimes.

Your best solution would be to find a home similar to yours, making the transition easier on your pet. Include money in your will for the care of your animals.

Legally, you cannot leave money directly to an animal. Selecting a trusted guardian is important, since that person has no legal obligation to actually use the money for the purpose specified.

If you are unable to choose a dedicated new home, move on to choice B, which establishes a temporary guardian. This guardian could be a person or an organization, and will agree to be involved in the selection of a new home for your pet.

If your temporary guardian cannot keep your pet at his home, a temporary home may be found through the foster care program of your local humane society. Your will or trust should contain financing for your pets' care while the temporary guardian pursues a permanent home.

If you cannot find friends or relatives to take your pets, the last choice suggests that you look for a charitable organization whose function is to place companion animals in new homes, such as your local humane society.

Look for a group with trained adoption counselors with experience in finding companion animals loving new homes. Ask about their successful adoption record. Be sure to ask what kind of care your animals would receive, and work out a cash bequest to cover expenses while the animals are the organization's responsibility.

Tell others about your plans for your pets. The executor of your estate, trustee and designated or temporary guardian should all be aware that you have planned for your pet's future in your will. Other family, friends and neighbors, the ones who would be worried about your animals' welfare in an emergency, should also be aware of your arrangements.

Create a pet profile for each of your animal companions. You probably already have a file of vet visits and probably information about special diets, health problems and behavioral habits for pet sitters. Use this to create a streamlined pet profile with microchip ID/license numbers and a photo.

Free booklets that help you organize these facts are available from the Hawaiian Humane Society. Give copies of your completed pet profile to your pet's guardian and anyone else included in the planning of your estate. Remember to update the information annually.

Prepare pet care notification cards. These business card-size cards should be kept with you and distributed to your neighbors and family so your pets' needs will be met immediately in case of your death or sudden illness.

Information on the card should include pets' names, descriptions, where they're housed and who to inform in case of an emergency. Cards and other printed materials that can help organize this information are available from the Hawaiian Humane Society.

Make sure you have planned for your pets' future legally and monetarily by having your will or trust properly drafted by an attorney and solidifying your arrangements with your guardian ahead of time. With proper planning, you can be assured that your pets will enjoy long and happy lives, lovingly protected according to your wishes.

Questions may be addressed to Eve Holt, Hawaiian Humane Society, 2700 Wai'alae Ave., Honolulu, HI 96826.