The Maryland General Assembly’s Task Force appointed to address Tracey v. Solesky are working on a bill, and the General Assembly may have the opportunity to vote on the bill during an upcoming special session this month. The bill is expected to impose liability on all dog owners, regardless of breed, but revert to the common law for landlords, imposing liability only if the landlord knows of the dog’s vicious propensities.
UPDATE (8/6/12): The American Bar Association’s House of Delegates just issued Resolution 100, promoting breed neutral legislation and proposing the elimination of breed bans and breed specific legislation.
The Virginia Federation of Humane Societies will also be hosting its annual conference in Williamsburg, Virginia on March 29-31, 2012. Workshop and presentations include using social media to increase the effectiveness of foster programs, putting together an animal cruelty investigation and case, feral cat rescue and management, and enrichment activities for high energy dogs. Animal control officers can get credit for attending these great workshops.
If you have time tomorrow (Sunday, September 11, 2011), please come join me for a presentation on Dog Ownership and the Law from 1:00 to 3:00 at Fur-Get Me Not’s Dog Training School at 4120 South Four Mile Run Drive in Arlington, Virginia.
If you think of it, please register online beforehand on Fur-Get Me Not’s website, in order to give us a sense of how many people are coming. But if you didn’t pre-register, no worries! Feel free to drop by anyway.
Attendance is free, but we are suggesting a $15 donation. All proceeds go straight to Fur-Get Me Not’s rescue partners, including Homeward Trails Animal Rescue!
For more information on this presentation, or Fur-Get Me Not’s other seminars in their “Back to School Series,” you can go to Fur-Get Me Not’s website or take a look at my previous blog post.
Fur-Get Me Not is introducing a new “Back to School” series in September, and I was honored to be asked to contribute. Join me at Fur-Get Me Not on September 11 from 1:00 to 3:00 PM for a presentation on “Dog Ownership and the Law.”
This presentation will discuss the state of companion animal and dog law, focusing on the most pressing legal issues facing dog lovers and our dogs. I’ll discuss topics such as the duties and responsibilities of pet owners, breed specific legislation, and the state of companion animal law in Virginia.
Registration is required (and very simple – just go to their website to register on line!). The seminars take place in Fur-Get Me Not’s wonderful new training studio located at 4120 Four Mile Run Drive in Shirlington. Fur-Get Me Not suggests a $15 donation for these sessions (except Doggie Yoga, see below), and the proceeds will be donated to Fur-Get Me Not’s rescue partners, including Homeward Trails Animal Rescue!
Here is the rest of the line up for the Back to School Series:
On September 18, Pure Prana Yoga Studio will have a “Doggie Yoga” session. The cost of this session is $35, $15 of which will be donated to Fur-Get Me Not’s rescue partners.
Tickets will be $2 each, or 3 for $5. The drawings will be held at the Super Pet Expo at 4:00 PM on Sunday. You don’t need to be present, but we will require your name and email address and/or phone number on the raffle tickets — solely so that we can contact the winners.
Raffle #1 (Protect Your Mark! ) includes:
A free intellectual property assessment and preliminary trademark availability search and report for a lucky business or not for profit organization, by my colleague, Alain Lapter (the winner will need to clear a conflict check with Bean, Kinney & Korman, P.C.)
A one year subscription to NOVADog Magazine
Premier dog toys from Cooperative Paws
A gift certificate for a three-month Treat of the Month Club from Karing by Kristina and Barkley Square, and yummy Barkley Square goodies
Raffle #2 (Plan for Your Pal!) includes:
A free pet trust for one companion animal from my colleague Jennifer Lee and me (limited to individuals in Maryland, DC and Virginia — winner will need to clear a conflict check with Bean, Kinney & Korman, PC)
Awkward Family Photo book
Dog training phone consultation with Opportunity Barks
Premier dog toys from Cooperative Paws
A gift certificate for one free weekend of pet care from Karing by Kristina, and Barkley Square goodies
Raffle #3 (Weekend in Woodbridge)
A weekend of cageless boarding and spoiling for your dog pal with the Pawkeepers in Woodbridge, Virginia
A dog training phone consultation with Opportunity Barks
Premier dog toys from Cooperative Paws
OS Cloud Star Sticky Trainers from Operation Socialization
Barkley Square goodies
Raffle #4 (Train, Baby, Train! Puppy Package)
Gift certificate for puppy classes with Operation Socialization certified Alison Coates and K to 9 Dog Training
$50 gift certificate from Fur-Get Me Not (good for daycare, boarding, dog walking, pet sitting or training)
Premier dog toys from Cooperative Paws
OS Cloud Star Sticky Trainers from Operation Socialization
Barkley Square goodies
Raffle #5 (Train, Baby, Train! Adult Dog Package)
Gift certificate for dog training classes with K to 9 Dog Training
$50 gift certificate from Fur-Get Me Not (good for daycare, boarding, dog walking, pet sitting or training)
Premier dog toys from Cooperative Paws
OS Cloud Star Sticky Trainers from Operation Socialization
Don’t forget to stop by the Super Pet Expo this Friday, Saturday and Sunday in Chantilly, Virginia! Bean Kinney will be in Booth #721 (note this is a slight change from our original location). We’ll have great giveaways and raffles, including a raffle dedicated to this post on pet trusts — one free pet trust for one lucky companion animal! Another raffle will include a free intellectual property/trademark consultation for a business or rescue! Please stop and say hello!
As a preview to our raffles, please enjoy the following article regarding pet trusts by me and my colleague, Jennifer Lee, and courtesy of NOVADog Magazine.
Provisions For Pets: How To Include Four-Legged Family Members In Your Estate Planning
Just last year, forlorn family members brought Bonnie, a five-year-old Golden Retriever mix, to a local shelter. Bonnie’s owner had just died, and the family wasn’t able to keep her. Bonnie was very lucky – she was adopted by one of the shelter veterinarians the very same day she went up for adoption.
Not all dogs are as lucky as Bonnie. The Humane Society of the United States estimates that animal shelters across the country care for six to eight million animals a year, and approximately three to four million are euthanized each year. These numbers are down drastically from the 1970s, when 12 to 20 million animals were euthanized each year, but we still have a long way to go. One way to avoid this unfortunate scenario is to provide for your pets in your estate planning.
Beyond Leaving Money to Your Pet
Many people scoff at the idea of including pets in their estate plans, pointing to stories such as billionaire New York City hotel operator Leona Helmsley. When Helmsley – nicknamed the “Queen of Mean” – died in 2007 at the age of 87, she left a $12 million trust to care for her ill-tempered Maltese, Trouble. Of her $4 billion estate, Helmsley left $5 million in cash and $10 million in trust to her brother, and $5 million in cash and $5 million in trust to two of her four grandchildren. Helmsley cut the other two grandchildren out completely.
Not surprisingly, the family filed suit, and the court cut Trouble’s trust from $12 million to $2 million. That $2 million goes towards annual costs of $60,000 for the caregiver’s guardian fee, $8,000 for grooming, $1,200 for food and $100,000 for full time security. Apparently, Trouble needed security after having received multiple death threats.
Planning for your pets is about much more than just leaving money to your pampered pooch. If you fall ill or are in an accident, everyone around you will be devastated and may not think about your pets. In that situation, your pets need immediate care, and your loved ones need guidance. The better you plan, the easier it will be for your grief-stricken relatives and friends to help.
Recent changes in estate law and the manner in which courts view pets have made planning for the future easier. The following are a few of the tools you can use to plan for the care of your pet. Because of differences in state law and the considerations unique to each pet owner and pet, it is recommended that you consult an attorney to determine the best tool for your particular situation.
Your Will
Some pet owners make provisions for the care of their pet in their will. However, a will has several drawbacks – it can take a long time to probate a will, or someone may contest it. Your wishes may not be put into effect until the conflict is resolved or a court may refuse to enforce your instructions. Additionally, a will is only effective upon your death.
Power of Attorney
Should you become incapacitated, a power of attorney with special provisions for your pet can be very useful. Those provisions should authorize your agent to care for your pet and spend your money for your pet’s care. You can also give your agent the power to place the pet with a long-term caregiver if necessary. However, a power of attorney is only effective while you are alive.
Pet Trusts
Perhaps the best option is to have a power of attorney along with a pet trust. A pet trust is a legally enforceable method to arrange for the care and maintenance of your pet in the event you become incapacitated or die. Depending on the laws of the state in which a pet trust is established, a pet trust can continue for the life of your pet or 21 years, or whichever occurs first.
One of the most important decisions is to designate a trustee of your pet trust. The trustee will hold, manage, and administer the trust funds according to the terms of the trust. You must also decide who will be the pet’s caregiver on a day-to-day basis. It is crucial to name someone who is willing and able to take on this duty. You should name alternate trustees and pet caregivers in the event the original trustee or caregiver becomes unable to serve in their respective functions for whatever reason.
In a pet trust, you can be as specific as you wish about the care of your pet. Consider the standard of living you want your pet to have, and the type of care that your pet is to receive. You can specify your preferred brand of pet food, veterinarians, walking/exercising instructions, training, behavior concerns, and other special instructions. For instance, when owner Ken Kemper of Hagerstown, Maryland died several years ago, Kemper left $400,000 and his house to his three rescues – a beagle and two lab mixes named Buckshot, Katie and Obu-Jet. He also left instructions that the dogs were to have a special weekly dinner. The dogs’ caretaker continues Kemper’s tradition of a Friday night spaghetti dinner, complete with meatballs and garlic bread.
How Much is Enough?
Determining what sums are reasonable for your pet’s care is important so that you can fund the trust appropriately. Expenses to be considered include food, housing, medical care, and grooming.
As with Leona Helmsley, courts will not hesitate to scale back a pet trust that is out of line with the amount someone has left for their loved ones. The amount you should leave in a trust for the care of your pets must factor in not only the size of your overall estate, but also the needs and age of your pets.
Paul Sullivan, a writer with the New York Times, recently wrote an article entitled “Animal Lovers, Beware of Ownership Costs,” questioning the ASPCA’s numbers as being far too low. Sullivan includes many stories about pet costs that far exceed the ASPCA’s estimates. One story was about Moose, a Labrador retriever who needed to have a sock surgically removed from his stomach – to the tune of $6,000 in vet bills. As Sullivan mentions, many of us pay far more than the ASPCA’s estimates in just dog walking and doggie daycare costs.
When thinking about how much to leave for your dog, as well as a possible option for a back-up caregiver, consider the various veterinary schools with programs designed for long-term care of pets. Texas A&M’s College of Veterinary Medicine and Biomedical Sciences has a privately funded program called The Stevenson Companion Animal Life-Care Center. There is an enrollment fee of $1,000 and a minimum endowment requirement based on the age of the owner at the time of enrollment (currently between $10,000 and $50,000 if the endowment is paid at the time of enrollment, or between $50,000 and $100,000 if the endowment is made by bequest). Other veterinary schools with similar programs include University of California-Davis, Oklahoma State University, the University of Minnesota, Kansas State University and Purdue University. These programs generally seek contributions or endowments in the range of $25,000 to $30,000 for one dog.
No Time Like the Present!
Bonnie was very fortunate that she found someone right away to care for her. But not all dogs in her situation are as lucky. With careful estate planning, you can give your loved ones the guidance they need to provide for your pets in the unfortunate event of your death or incapacitation. There is no time like the present to get your estate planning in order – for you and your pets!
UPDATE (3/14/11): The Super Pet Expo has had to make some floor plan revisions. Bean Kinney’s booth will be #721 — right across from our original location.
The Expert Advice column by Lisa Colon Tudor of KissAble Canine (found on page 10) talks about humping behavior and how to stop it — a very hot topic for Boomer right now!
Even though Judge Pryal found sufficient evidence to convict Shepherd of both counts, he gave Shepherd the benefit of “probation without judgment.” Shepherd will have to complete 80 hours of community service and maintain good behavior for one year. He also received a $500 fine on the animal cruelty count and a $1000 fine on the firearm count. If he completes these conditions, his charges will be dismissed after one year.
Later this evening, I had a wonderful opportunity, along with Dr. Ryan Fehr of the University of Maryland, to be a guest speaker with Baltimore radio station WEAA 88.9 FM’s Listen uP public affairs radio show. The topic tonight was “The Politics of Forgiveness: What Does it Take to Gain Redemption in our Society,” with the majority of the conversation exploring whether we should forgive Michael Vick and consider him to now be redeemed.
Many of the listeners felt that Vick already paid his debt to society, that it was time to forgive him and give him a second chance. As a former public defender, I am all for forgiveness and redemption. But my take on this is that Vick is a highly paid and very public figure who committed heinous acts against defenseless animals, and profited financially from it. Millions of dogs are sitting in shelters, and the percentage of those dogs that are pit bulls is rising every day. There is plenty for Vick to do before he earns his redemption.
Dr. Fehr added great insight about the science of forgiveness and redemption, and how much whether we can identify with the person who wronged us factors in to whether we can forgive. But animal cruelty crimes are not directed towards any one of us. Instead, they are directed against helpless animals. We domesticated dogs and cats over thousands of years, making them dependent on us. Because companion animals depend on us, we have the responsibility to stand up for them. This fact, plus Vick’s highly visible and public status, means that Vick has a long way to go before he earns forgiveness and redemption.
UPDATE (12/16/10): With the Philadelphia Eagles getting closer to the Superbowl, Michael Vick is back in the news. In an interview earlier this week, he was candid in saying that he would likely still be dogfighting had he not gotten caught. About the role he would play, he was much less candid, saying he would still be involved, but only “from a distance.” Other reports center around Vick’s public talks about dogfighting. Steve Dale did a great job in his post yesterday of exploring whether these talks are truly voluntary, or are just carefully orchestrated media events. Most of the hubub revolves around Vick claiming that he would really like to get a dog, because his kids keep asking for one. The judge who sentenced him ordered that he could not keep companion animals. I think that was a wise move. He’s still got a long road to prove himself in my book. Allowing him to go back to football and his livelihood is one thing. But trusting him with a companion animal is another thing altogether.
Companion Animal Law Blog 