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Your Dog and Your Will

Sure, you love your dog and have a special relationship with him. But if something happened to you, who would care for him in a way you could feel good about? The person you have in mind may not be a relative, and it may be someone you know only through your dog (like your dog's breeder, perhaps). If you have any concerns about how your dog will be kept and treated if for some reason you couldn't care for him, you need to take legal action to ensure that he will be entrusted to the person you select and not someone selected for you.

For many older people — and truthfully, for anyone — the reality is that their dog may outlive them. Dogs can be provided for in a will where the terms of the care are specified.

The other thing your dog will need is a certain amount of money entrusted for his care. You may think that Mrs. Clark will take excellent care of your dog, but making sure she has the money to do so can almost guarantee it.

It's best to name two caregivers in your will in case something happens to one of them. You can also specify that the executor of the will may place your dog with another responsible person should both your choices fall through, or that the majority of the beneficiaries can appoint a new animal caregiver. It's complicated but important, so be thorough and specific about your wishes.

Another option is to establish a legal trust fund for your dog. An appointed trustee would be responsible for monitoring the caretaker you chose for your dog over time. Few states currently allow a pet to be named as a beneficiary of a trust, though they will enforce a trust for the pet should the trustee be found negligent. The Humane Society of the United States lists the states that do allow and enforce pet trusts on its Web site at www.hsus.org.

The Partnership for Animal Welfare (www.paw-rescue.org) has some great advice for people who want to be well prepared in case of emergency. This is important to think about if you have dogs who are relatively easy to care for, but critical if any of your dogs are special needs — on various medications, for example.

Making provisions for your dog in case anything happens to you may not be the most comfortable for you, but it is necessary. It can certainly give you peace of mind. An excellent book on the subject is When Your Pet Outlives You: Protecting Animal Companions After You Die, by David Congalton and Charlotte Alexander.

The first step is to identify the person or people who will take care of your dog if anything happens to you. Ask them if they would be comfortable fulfilling such a role, and make sure they understand everything it would entail. If they live close to you, give them a key to your home and tell them where to find your veterinarian's contact information and your dog's medical history. If they live farther away, you will have to ask someone else to take care of your dog in case of an emergency. Make sure you list these people on your emergency contact information at work, and enter their phone numbers into your cell phone as “in case of emergency” listings. Alert your veterinarian to the people who will take care of your dog in your absence so your dog can continue to receive care.

You may come up against some resistance when you want to address the care of your pet in your will, but don't be intimidated or made to feel silly. People say things in nonemergency situations that they might not when catastrophe strikes. Dogs and other pets are often the first to be “cast off” when their owners pass away, even by well-meaning family members. Don't take a chance that yours could meet that fate.

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  3. Your Dog and the Law
  4. Your Dog and Your Will
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