In 2005, during the landfall of Hurricane Katrina, Americans witnessed together the horror of human lives lost and, in addition, the grief of owners who were torn away from or refusing to leave their pets. It was a gut check for our nation and for pet lovers everywhere. In response, Federal and state laws began mandating that pets be included in provisional evacuation plans ensuring that they have the right to be saved and will be respected as members of America's families. Yet America went through a different kind of pet experience two years later when we were awaken by headlines declaring: "Heiress leaves millions to pooch." That heiress was Leona Helmsley who willed 12 million dollars to Trouble, her Maltese terrier, and directed that the remainder of her billions be put in trust to help dogs everywhere. Her decision set off widespread lampooning and legal wrangling. A smart businesswoman leaving her money to dogs?! Think what you will about the amount she left to Trouble but Helmsley's preparations for her terrier's well being is admirable and progressive. Helmsley got it right. If we love our pets as family and plan for them during evacuations then the logical next step is to ensure their well being if anything should happen to us.
In Helmsley's model Trouble didn't just inherit millions, he inherited her chosen guardian who became responsible for Trouble's inheritance, health and safety after her death. In 2007 this practice of providing for pets in the event of death, life change or accident was unusual and, because of that, pets were carried from their homes and left in shelters when their owner died, moved, or became unable to provide. I'm sorry to tell you that very little has changed today. Longtime animal advocate Heather Lowe tells me, "One of the things I've noticed in the last 5 years is the number of animals that end up at shelters because their senior owners have died or moved to a nursing facility and can no longer care for their pet. Even owners still in their houses or apartments but who cannot afford or are unable to properly care for their pet routinely take them to shelters. All shelter experiences are traumatic. Any pet over 5 years of age is at a disadvantage in a shelter or even in foster homes. Most adopters want young animals." Like most of you, I'm an animal lover and I hate to cite the fact that nearly 80% of the pets given to shelters never make it out.
How invested are you in your pets? Will you invest in their long term care by identifying someone who will take them in the event that you're unable to provide? Will you set aside money in their name in the case that they need it because something has happened to you? I think American families are ready to take this next step. Earnings in the pet industry show that our investment in pet care increases annually. Our demand for free range chicken shows the evolution of our sensitivities toward animals in general. Perhaps the biggest evidence of changing perspectives is that science is close to acknowledging the mounting evidence on animal feelings including pain and basic emotional affects such as: fear, rage, lust, care, panic, grief and play. Neuroscientist Jaak Panksepp, in an interview with Ginger Campbell MD, states that this knowledge, "opens up a new level of discussing what we do, and what is ethically appropriate...the science is going to have implications on how we treat animals within our society," he said.
In 2009, citing Helmsley's poor legal advice that resulted in significant disregard for her last wishes, the American Bar Association developed three legal instruments for establishing pet trusts, pet provisions in wills, and pets in estate planning documents. In March of this year the New York City Bar elaborated on those instruments with a 12 page .pdf outlining legal preparation for almost every possible circumstance that would require pet care especially one's death or hospitalization. Momentum for establishing pet trusts is building but ensuring the long term care for our pets doesn't mean we have to wait until we engage in estate planning. It can happen today. Talk to your partner, if you have one, and to family, friends and neighbors. Identify someone trustworthy who is able to care for your pet for the long run if necessary. Chances are your pet doesn't need Trouble's bank account but some money of their own will help them make their way without you. Can you bank an amount in their name weekly or monthly? Include children or grandchildren in this process too! It teaches not only how to save but how to plan for the well being of people and animals close to the heart. It teaches commitment.
Our domestic pets commit to us without question. They love and tolerate us in an almost unconditional way. I hope you'll join me, today, in honoring the love and trust of the pets in your life by taking steps to ensure they'll be cared for through the entirety of their lives--with or without you.
Update June 2013 Does your state have laws governing pet trusts? 46 states do. Here's a list.
