WASHINGTON, AFP) - Animal rights group PETA posted a $15,000 reward Wednesday for information leading to the arrest of a shirtless man seen kicking a squirrel off the edge of the Grand Canyon.
Video of the unidentified male luring the squirrel to its widely-assumed death went viral earlier this week on YouTube, which has since taken it down.
"It is imperative to find anyone who commits sadistic and violent acts against a vulnerable being," said PETA director Martin Mersereau in announcing the reward.
"Animal abusers are bullies and cowards who look to victimize the most vulnerable, defenseless individuals available to them -- human or nonhuman -- and this man must be caught as soon as possible," he added.
It's not known when the low-quality video was made, but National Parks Service (NPS) spokeswoman Kirby-Lynn Shedlowski said it appears to have been shot along the Grand Canyon's heavily-touristed South Rim section.
"It's an ongoing investigation," she told AFP by telephone, adding that the man and a second, similarly bare-chested male seen in the 15-second video "could be long gone."
One of America's greatest natural wonders, the Grand Canyon National Park gets nearly five million visitors a year. Rules strictly forbid the feeding of its varied wildlife.
In the video, the man -- wearing dark shorts, a straw hat and no shoes -- is seen offering food to the squirrel, with the second man in boxer shorts in the background with a camera.
The man lures the unsuspecting rodent to the edge, then slips a running shoe onto his left foot and gives it a swift kick into the air and into the canyon, which is one mile (1.6 kilometers) deep and up to 18 miles (29 kilometers) wide.
In the United States, harassing wildlife is a federal offense that can result in six months in prison or a fine of up to $5,000.
Britain's Daily Mail newspaper quoted one Jonathan Hildebrand, who supposedly shot the video, as saying he had no part in the incident and did not know the two individuals.
"All I know is that they were French," he was quoted as saying, while PETA said "the perpetrator is rumored to be French or French Canadian."
Shedlowski, who could not recall any similar incident in the past, said: "As far as our investigation is concerned, they are two individuals."
LONDON, (AFP) - The Wikimedia Foundation insisted Thursday it would not remove from its website a "selfie" taken by a mischievous monkey, despite claims from the British photographer whose camera was used that it breached his copyright.
David Slater says he is the owner of the photo of the grinning black crested macaque that went viral when he posted it online in 2011, and is threatening to sue Wikimedia for lost earnings of up to $30,000 (22,500 euros).
But the not-for-profit foundation, which oversees Wikipedia among other online resources, refuses to remove the picture from its bank of royalty-free photographs.
"Under US laws, the copyright cannot be owned by a non-human," Wikimedia spokeswomen Katherine Maher told AFP.
"It doesn't belong to the monkey, but it doesn't belong to the photographer either," she added.
Slater was with a party of Dutch researchers on a small group of Indonesian islands when the curious primates began rummaging through his possessions.
He described how one snatched his camera and began pressing the shutter button, in the process taking a perfectly composed selfie.
Slater argues that Wikimedia's defence is based on a technicality, and that there is "a lot more to copyright than who pushes the trigger on the camera".
"I own the photo but because the monkey pressed the trigger and took the photo, they're claiming that the monkey owns the copyright," he said.
The dispute came to light on Wednesday when Wikimedia published its transparency report, which revealed that it granted none of the 304 requests to remove or alter content on its platforms over the
last two years.
At the recent American Veterinary Medical Association Convention there was a very good lecture on FIV — Feline Immunodeficiency Virus: Does it Really Cause Disease?
The talk was given by Dr. Sue VandeWoude, Professor and Associate Dean for Research in the College of Veterinary Medicine and Biomedical Sciences at Colorado State University. Her laboratory studies FIV “in the context of an animal model for HIV/AIDS and as an agent useful for investigation of Ecology of Infectious Disease in charismatic large felid species such as pumas and bobcats.”
For some background FIV information check out this FIV article.
Between 1 and 25% of domestic cat populations are infected with one of 5 viral clades [variants of FIV].
FIV Lecture Highlights:
FIV infection may be relatively asymptomatic in cats for many years, and some studies suggest it does not result in significant morbidity [illness] for infected animals. Nondomestic felid species, including puma (P. concolor) and lions (P. leo), are infected with distinct FIV strains that are not typically associated with overt disease.
FIV infects activated T cells [a type of cell important for immune function] and after acute symptoms (lymphadenopathy [swollen lymph nodes], fever, transient weight loss) typically enters a subclinical phase that lasts for months to years. Many cats live for years in the subacute phase with minimal noticeable disease, particularly when they live in indoor situations with limited exposure to other animals [although opportunistic infections and conditions such as gingivitis, lymphoma, and neurologic symptoms may arise].
FIV-positive animals in multi-cat households may transmit infection to uninfected cohorts, but the disease is not highly contagious.
After months to years of asymptomatic infection, for reasons that are not well understood, host immunologic control of FIV replication fails, resulting in increases in plasma viremia [virus in the blood stream], decreases in CD4 T cells, and increased susceptibility to infections and opportunistic diseases.
Highly virulent strains of FIV have been described, but are rare. These isolates can result in rapid immunological decline, high rate of cancer occurrence, and death within weeks to months following infection.
Dr. VandeWoude also talked about the FIV vaccine, mentioning that it not only provides immunity to the variants of FIV included in the vaccine but also offers “reasonable” cross-protection against the types that are not. However, many veterinarians have been reluctant to recommend the vaccine because it makes immunized individuals appear to have the disease on the most commonly used types of FIV tests.
Now that it looks like FIV infection is not the threat we once thought it was, use of this vaccine seems to make even less sense except in the most extreme of circumstances.
TATUM, N.M. (KRQE) – A swarm of killer bees attacked and killed a dog in southeastern New Mexico. Now, beekeepers are worried it may happen again. Video link: http://krqe.com/2014/07/21/africanized-bees-kill-pet-dog/
What are Africanized Bees?
For those of you who aren’t aware of the issues with these potentially lethal arthropods, an informative video can be found via National Geographic’s Africanized Bees.
Killer bees are actually African honeybees that escaped from a laboratory in Brazil in the 1950s. After reproducing extensively in the Amazon rain forest in South America, they moved into Texas through Mexico in 1990. The U.S. Department of Agriculture (USDA) features a chart detailing the Spread of Africanized honey bees by year, by county through 2011. I have to speculate that more areas in Arizona, California, New Mexico, and Texas have been affected since then.
Africanized bees are known for being readily agitated and quick to attack both animals and people. They even “form voracious swarms” and “chase victims for one quarter of a mile.”
Populations of Africanized bees are damaging the habitats of other bees, animals, and people. Entomologist David Roubik states that “these bees have done something no other bee ever did. They have sucked up most of the resources that are out there for bees and other animals too.”
What Happened to the Dog that Was Attacked in New Mexico?
Sam McCallum of Bruce’s Pest Control has specialized in bee control for over ten years. McCallum was called to a ranch in New Mexico after the rancher reported a “massive swarm of bees was attacking his dogs.” The “bees were so aggressive, they stung one of the dogs over 40 times,” added the rancher, which ultimately led to the dog’s death.
Bee venom causes a hypersensitivity reaction which may be mild or severe. There are four classes of hypersensitivity reactions and bee stings are considered to be Type I (Immediate) Hypersensitivity. It’s a process where previous exposure to an antigen (bee sting venom) causes an interaction between IgE antibodies (immune system protein) and Mast cells (white blood cells), which leads to the sudden release of chemicals that cause tissue swelling, leakage of fluid from blood vessels, and even delayed blood clotting.
It’s unclear as to why the dogs were attacked by the bees, but McCallum says that the “swarm was the worst he’s seen” and speculates that “all of the rain may be the reason the bees are so active right now and there’s a good chance it will happen again.”
The on-site beekeeper evidently also incurred the wrath of the killer bees, as he was stung nine times despite wearing a protective suit meant to keep bees out. McCallum and his team killed the bees that attacked the dogs (by what means the bees were killed hasn’t been disclosed).
What are the Clinical Signs of Bee Sting-Related Hypersensitivity Reaction?
In susceptible animals, the clinical signs are usually sudden onset and include (but are not exclusive to):
Bee Sting Treatment for Pets
It's often not known if a bee sting is going to cause a severe reaction, or any reaction at all. Therefore, it’s important that owners take their canine or feline companions to a veterinarian for evaluation when facing a suspected or confirmed insect sting or bite.
Treatment may be simple, such as removing the singer, observing for reaction, and managing associated discomfort with pain medications. Alternatively, a severe hypersensitivity reaction may require injectable fluids and medications (steroids, antihistamines, etc.), hospitalization, and other treatments.
Untreated hypersensitivity reactions could result in more significant illnesses and even death.
How Can I Protect My Pet from Being Stung by Bees?When it comes to bee stings, prevention is always the best medicine.
Top tips from veterinarians include:
Always walk your dog on a short, non-extendable lead to prevent access to areas where bees could be plentiful, such as lawns coated with fallen flowers and blossoming bushes.
Never let your pet outside while unobserved by a responsible adult.
Avoid areas known to harbor above ground and underground bee hives. Even if beehives aren’t visible, a swarm could readily appear and rapidly overtake you and your pet.
Contact an experienced professional to rid your yard, trees, and other other surrounding environments of nests harboring stinging insects.
Cats are often maligned for many different reasons. Not the least of these reasons is the threat of toxoplasmosis, a disease caused by an organism known as Toxoplasma gondii. ThoughToxoplasma can infect many different types of animals, the cat is its natural host. T. gondii makes its home in the intestinal tract of the domestic cat.
Toxoplasmosis is a very real disease and I don’t want to make light of it. It can be especially dangerous for pregnant women and the fetuses they carry. It can also be dangerous for individuals that are immunocompromised.
In addition to these known dangers, T. gondii has also been implicated in causing a variety of other problems, ranging from suicidal tendencies to an increase in the risk of brain cancer. Though these allegations are tenuous at best, they are nevertheless often reported in the popular press. T. gondii has also been implicated as a cause of deaths in sea lions, seals, sea otters, whales, and dolphins, a link that worries many biologists, ecologists, and others.
All of these factors have, in some instances, led to a backlash directed at cats, particularly at the many feral (or community) cat populations. Recently, however,T. gondii is being cast in a different light.
In research currently being performed by David J. Bzik, PhD, a professor of microbiology and immunology and Barbara Fox, a senior research associate of microbiology and immunology at the Geisel School of Medicine at Dartmouth, T. gondii is being investigated as a potential treatment for cancer patients.
Says Dr. Bzik in a quote on the Geisel News Center webpage, “biologically this parasite has figured out how to stimulate the exact immune responses you want to fight cancer.”
Most cancer patients, as a result of their disease, suffer some degree of immunosuppression, making them less than ideal candidates for infection with the unaltered toxoplasmosis organism. To overcome this stumbling block, Bzik and Fox have created a mutated form of the parasite, effectively removing a gene and making it impossible for the mutated organism to reproduce in people or in animals.
Known as “cps,” the mutated form is safe, even for immunosuppressed individuals, because it cannot reproduce but it can still be used to “reprogram the natural power of the immune system to clear tumor cells and cancer.”
Though the research results obtained thus far are promising, both Bzik and Fox caution that further research is still needed. They foresee the potential, though, for developing a product that could be individualized tailored for each patient and the specific form of cancer being treated for that patient.
Should this research prove successful, a significant break-through in our ability to treat various forms of cancer would be the result. Ultimately, this research could benefit both people and pets, resulting in a treatment for some types of cancer that are currently not very easily or successfully handled.
For most people familiar with cats and dogs, the concept of spaying and neutering your pets has been ingrained. For population control, health reasons, and behavioral issues, the reasons behind spaying and neutering our small animal friends are plentiful and obvious. But what about large animals? Spaying of female horses, called mares, is very rarely done. Let’s look at why this is.
To neuter a horse is to geld it and the result is a horse called a gelding. This is the most common surgical procedure done on the farm and most male horses are gelded before they reach the age of three. A relatively simple procedure, gelding can be performed with the horse either heavily sedated and still standing or under general anesthesia lying down.
Most geldings take about thirty minutes from start to finish and the horse can be quietly walked back to his stall to rest. Full recovery in two weeks is common.
The benefits to gelding a male horse far outweigh the risks of infection or anesthesia from the surgery. Non-gelded male horses are called stallions. Stallions can become aggressive and difficult to work with when they reach sexual maturity and recreational horse owners are not experienced enough nor want to deal with the responsibility that comes with owning a stallion.
Spaying a mare is a more complicated medical procedure than gelding, involving entering the abdominal cavity. Although there is more than one way to spay a mare, each resulting in the removal of the ovaries, the procedure tends to be painful and there can be scary complications, such as bleeding from the ovarian artery, which can be difficult to control.
More recently, many veterinarians elect to spay mares using laproscopic methods, which means using small incisions and inserting small cameras on the ends of lasers to view the ovaries and remove them.
Aside from the difficulties of the procedure, many mare owners don’t feel the need to spay their mares because female horses don’t become as aggressive or difficult to work with as many stallions do (I say many, not all, because I’ve known some very pleasant stallions).
True, some mares are renowned for being somewhat moody, or “mareish,” but some riders actually prefer mares to geldings. My personal opinion is that it all boils down to the individual horse. Yes, some mares are temperamental, but many geldings aren’t perfect either!
Then comes the question of population control, since I feel this is the strongest argument to spay and neuter dogs and cats. Although there is the problem of unwanted horses in the United States, you simply don’t have the hoards of stray horses roaming the streets as you do cats and dogs. Rare is the kid who comes in saying, “Mommy, look what followed me home. Can we keep this horse?”
Additionally, with the majority of male horses gelded, most mares can be kept intact without worries of unwanted pregnancies. Yes, there are stories of a neighbor’s stallion jumping the fence for an amorous visit, but I feel these are somewhat rare.
The primary reason a mare is spayed is due to medical reasons. Occasionally, a mare will develop ovarian cysts or cancerous growths that affect her hormone levels and can make her behave in unpredictable, aggressive, stallion-like ways. If systemic hormone therapies don’t help, removal of the ovaries does the trick.
The Cocker Spaniel comes in two varieties: the English Cocker Spaniel and the American Cocker Spaniel. And though they are different, both can be traced back to mid-19th century England. Originally bred for hunting small game, its jolly disposition has made the American Cocker Spaniel a pet in many homes today.
PHYSICAL CHARACTERISTICSThe Cocker Spaniel happens to be the smallest of all the Sporting Group spaniels. Its athletic, compact body and soft facial expression gives the dog an appealing look, while its most distinctive feature is the Cocker Spaniel's medium-length silky coat, which can either be slightly wavy or flat. Today, a majority of Cocker Spaniels have a heavy coat meant for field work. The dog also has a strong and balanced gait.
The American Cocker Spaniel is generally split up into three color varieties: black, ASCOB (Any Solid Color Other Than Black), and parti-colors. The black varieties include solid blacks and black and tan, while the ASCOB varieties include colors ranging from the lightest creams to the darkest reds, including brown and brown with tan points. Parti-colored Spaniels have large areas of white with another color(s), usually black and white, brown and white, or red and white.
PERSONALITY AND TEMPERAMENT
The American Cocker Spaniel, apart from being sensitive and responsive, is very keen on obeying instructions and learning. Always cheerful and affable, it has even been dubbed as the "merry" Cocker. While this breed loves staying indoors, it considers outdoor walks one of its favorite activities. The American Cocker Spaniel is also known for its excessive barking, especially if it has been cooped inside the house all day.
It is important that the American Cocker Spaniel receives regular eye, ear, and feet cleanings to keep them dirt-free. The dog also needs its coat brushed a minimum of two to three times a week, as well as a monthly hair trimming and nail clipping. Its exercise requirements, as with many other dog breeds, can be met with regular walks. And as the American Cocker Spaniel is a social dog that needs constant human companionship, it should be kept indoors to be closer with the family.
The American Cocker Spaniel generally lives between 12 to 15 years. Some of its serious health problems include progressive retinal atrophy (PRA), cataracts, patellar luxation, and glaucoma. Diseases like elbow dysplasia, gastric torsion, and epilepsy can occasionally affect the breed. Other minor health problems that the American Cocker Spaniel suffers from include cardiomyopathy, ectropion, urinary stones, otitis externa, canine hip dysplasia (CHD), hypothyroidism, seborrhea, phosphofructokinase deficiency, entropion, "cherry eye," liver disease, allergies, and congestive heart failure. In order to identify these conditions early, a veterinarian may recommend hip, knee, thyroid, or eye exams during routine checkups; DNA tests may be used to diagnose a phosphofructokinase deficiency, which may lead to anemia in the dog.
HISTORY AND BACKGROUNDThe Cocker Spaniel is a very lovable and pleasing creature, which comes in two distinct breeds: the English and the American Cocker Spaniels. According to experts, the American breed originated from a large influx of English Cocker Spaniels, which were brought to America during the latter half of the 17th century (possibly on the Mayflower ship).
The first American Cocker Spaniel was registered in the 1880s and went by the name of Obo II. There is evidence which points to a possible cross-breed of English Cockers with smaller toy spaniels to achieve the American version. For U.S. hunters in search of a smaller-sized dog with the ability to hunt quails and other small bird game, the American Cocker Spaniel was a perfect fit.
The American Kennel Club recognized the English Cocker Spaniel as separate breed from its American counterpart in 1946, ending a long discussion of which dog type could bear the Cocker Spaniel title. The English Kennel Club of England followed suit in 1968 and also acknowledged the distinction between both breeds. Whether it is referred to as the American Cocker Spaniel or Cocker Spaniel, this dog breed has become a mainstay in the U.S. and is beloved for its warm temperament and distinctive look.
Pet animals play an extremely significant role in the lives of many individuals. People own pets for a variety of reasons - they love animals, they enjoy engaging in physical activity with the animal such as playing ball or going for walks, and they enjoy the giving and receiving of attention and unconditional love. Research indicates that pet ownership positively impacts the owner's life by lowering blood pressure, reducing stress and depression, lowering the risk of heart disease, shortening the recovery time after a hospitalization, and improving concentration and mental attitude.1
Over two-thirds of pet owners treat their animals as members of their families.2 Twenty percent of Americans have even altered their romantic relationships over pet disputes.3 Pet owners are extremely devoted to their animal companions with 80% bragging about their pets to others, 79% allowing their pets to sleep in bed with them, 37% carrying pictures of their pets in their wallets, and 31% taking off of work to be with their sick pets.4 During the December 1999 holiday season, the average pet owner spent $95 on gifts for pets.5
The number of individuals who own animals is staggering. As many as 33.9 million households in the United States own dogs and 28.3 million own cats.6 In addition to these traditional pets, Americans also own a wide variety of other animals. For example, there are 11 million households with fish, six million with birds, five million with small animals such as hamsters and rabbits, and three million with reptiles.7
The love owners have for their pets transcend death as documented by studies revealing that between 12% and 27% of pet owners include their pets in their wills. The popular media frequently reports cases which involve pet owners who have a strong desire to care for their beloved companions.8 Singer Dusty Springfield's will made extensive provisions for her cat, Nicholas. The will instructed that Nicholas' bed be lined with Dusty's nightgown, Dusty's recordings be played each night at Nicholas' bedtime, and that Nicholas be fed imported baby food.9 Doris Duke, the sole heir to Baron Buck Duke who built Duke University and started the American Tobacco Company, left $100,000 in trust for the benefit of her dog.10 Natalie Schafer, the actress who portrayed Lovey on the television program Gilligan's Island, provided that her fortune be used for the benefit of her dog.11 The wills of well-known individuals who are still alive may also contain pet provisions. For example, actress Betty White is reported as having written a will which leaves her estate estimated at $5 million for the benefit of her pets.12 Likewise, Oprah Winfrey's will purportedly mandates that her dog live out his life in luxury.13
Will the legal system permit animal owners to accomplish their goal of providing after-death care for their pets? The common law courts of England looked favorably on gifts to support specific animals.14 This approach, however, did not cross the Atlantic. "Historically, the approach of most American courts towards bequests for the care of specific animals has not been calculated to gladden the hearts of animal lovers," says Barbara W. Schwartz, in Estate Planning for Animals, 113 Tr. & Est. 376, 376 (1974). Attempted gifts in favor of specific animals usually failed for a variety of reasons such as for being in violation of the rule against perpetuities because the measuring life was not human or for being an unenforceable honorary trust because it lacked a human or legal entity as a beneficiary who would have standing to enforce the trust.
The persuasiveness of these two traditional legal grounds for prohibiting gifts in favor of pet animals is waning under modern law. Courts and legislatures have been increasingly likely to permit such arrangements by applying a variety of techniques and policies. In 1990, the National Conference of Commissioners on Uniform State Laws added a section to the Uniform Probate Code to validate "a trust for the care of a designated domestic or pet animal and the animal's offspring." Unif. Prob. Code § 2-907, cmt. (1990). Some states have already adopted this section or other legislation with a similar purpose. In addition, a growing number of jurisdictions are abolishing the rule against perpetuities.
The primary goal of the pet owner's attorney is to carry out the pet owner's intent to the fullest extent allowed under applicable law. Accordingly, the attorney should select a method which has the highest likelihood of working successfully to provide for the pet after its owner's death. (The pet owner should also determine if any special arrangements need to be made to care for the pet if the owner becomes disabled. These instructions may be included in a durable power of attorney.) This article discusses the variety of techniques currently available and comments on the advisability of each.
I. Prepare "Animal Card," "Animal Document," and Dwelling SignsThe owner should take three important steps to assure that the animal will receive proper care immediately upon the owner being unable to look after the animal. The owner should carry an "animal card" in the owner's wallet or purse. This card should contain information about the pet such as its name, type of animal, location where housed, and special care instructions, along with the information necessary to contact someone who can obtain access to the pet. If the owner is injured or killed, emergency personnel will recognize that an animal is relying on the owner's return for care and may notify the named person or take other steps to locate and provide for the animal. The animal card will help assure that the animal survives to the time when the owner's plans for the pet's long-term care take effect.
Next, the owner should prepare an "animal document." The document should contain the same information as on the animal card and perhaps additional details as well. The owner should keep the animal document in the same location where the pet owner keeps his or her estate planning documents. The benefit of this technique is basically the same as for carrying the animal card, that is, an enhanced likelihood that the owner's desires regarding the pet will be made known to the appropriate person in a timely manner.
Finally, the owner should provide signs regarding the pets on entrances to the owner's dwelling. These notices will alert individuals entering the house or apartment that pets are inside. The signage is also important during the owner's life to warn others who may enter the dwelling (e.g., police, fire fighters, inspectors, meter readers, friends) about the pets.15
II. Make Conditional Gift to Pet's Caretaker, in TrustThe most predictable and reliable method to provide for a pet animal is for the owner to create an enforceable inter vivos or testamentary trust in favor of a human beneficiary and then require the trustee to make distributions to the beneficiary to cover the pet's expenses provided the beneficiary is taking proper care of the pet. This technique avoids the two traditional problems with gifts to benefit pet animals. The actual beneficiary is a human and thus there is a beneficiary with standing to enforce the trust and there is a human measuring life for rule against perpetuities purposes. Even if the owner lives in a state which enforces animal trusts, the conditional gift in trust may provide for more flexibility and a greater likelihood of the owner's intent being carried out. For example, some states limit the duration of an animal trust to 21 years. If a long-lived animal is involved, the trust may end before the animal dies.
A wide variety of factors and considerations come into play in drafting a trust to carry out the pet owner's desires. This section discusses the issues which the pet owner should address.
A. Determine Whether to Create Inter Vivos or Testamentary Trust
The pet owner must initially determine whether to create an inter vivos trust or a testamentary trust. An inter vivos trust takes effect immediately and thus will be in operation when the owner dies thereby avoiding the delay between the owner's death and the probating of the will and subsequent functioning of the trust. Funds may not be available to provide the pet with proper care during this delay period. The pet owner can also make changes to the inter vivos trust more easily than to a testamentary trust which requires the execution of a new will or codicil.
On the other hand, the inter vivos trust may have additional start-up costs and administration expenses. A separate trust document would be needed and the owner would have to part with property to fund the trust. The inter vivos trust, could, however, be nominally funded and revocable. Additional funding could be tied to a nonprobate asset, such as a bank account naming the trustee (in trust) as the pay on death payee or a life insurance policy naming the trustee (in trust) as the beneficiary, to provide the trust with immediate funds after the owner's death. If appropriate, the pet owner could provide additional property by using a pour over provision in the owner's will.
B. Designate Trust Beneficiary/Animal Caretaker
The pet owner must thoughtfully select a caretaker for the animal. This person becomes the actual beneficiary of the trust who has standing to enforce the trust if the trustee fails to carry out its terms. Thus, the caretaker should be sufficiently savvy to understand the basic functioning of a trust and his or her enforcement rights.
It is of utmost importance for the pet owner to locate a beneficiary/caretaker who is willing and able to care for the animal in a manner that the owner would find acceptable. The prospective caretaker should be questioned before being named to make certain the caretaker will assume the potentially burdensome obligation of caring for the pet, especially when the pet is in need of medical care or requires special attention as it ages. The pet and the prospective caretaker should meet and spend quality time together to make sure they, and the caretaker's family, get along harmoniously with each other.
The pet owner should name several alternate caretakers should the owner's first choice be unable to serve for the duration of the pet's life. To prevent the pet from ending up homeless, the owner may authorize the trustee to select a good home for the pet should none of the named individuals be willing or able to accept the animal. The trustee should not, however, have the authority to appoint him- or herself as the caretaker as such an appointment would eliminate the checks and balances aspect of separating the caregiver from the money provider.
C. Nominate Trustee
As with the designation of the caretaker, the pet owner needs to select the trustee with care and check with the trustee before making a nomination. The trustee, whether individual or corporate, must be willing to administer the property for the benefit of the animal and to expend the time and effort necessary to deal with trust administration matters. If the pet owner has sufficient funds, a stipend for the trustee may be appropriate. The pet owner should name alternate trustees should the named trustee be unable to serve until the trust terminates. In addition, an alternate trustee may have standing to remove the original trustee from office should the original trustee cease to administer the trust for the benefit of the pet.
D. Bequeath Animal to Trustee, in Trust
The pet owner should bequeath the animal to the trustee, in trust, with directions to deliver custody of the pet to the beneficiary/caretaker. If the owner has left animal instructions in an animal card or document, the animal may actually already be in the possession of the caretaker.
E. Determine Amount of Other Property to Transfer to Trust
The pet owner should carefully compute the amount of property necessary to care for the animal and to provide additional payments, if any, for the caretaker and the trustee. Many factors will go into this decision such as the type of animal, the animal's life expectancy, the standard of living the owner wishes to provide for the animal, and the need for potentially expensive medical treatment. Adequate funds should also be included to provide the animal with proper care, be it an animal-sitter or a professional boarding business, when the caretaker is on vacation, out-of-town on business, receiving care in a hospital, or is otherwise temporarily unable to personally provide for the animal.
The size of the owner's estate must also be considered. If the owner's estate is relatively large, the owner could transfer sufficient property so the trustee could make payments primarily from the income and use the principal only for emergencies. On the other hand, if the owner's estate is small, the owner may wish to transfer a lesser amount and anticipate that the trustee will supplement income with principal invasions as necessary.
The pet owner must avoid transferring an unreasonably large amount of money or other property to the trust because such a gift is likely to encourage heirs and remainder beneficiaries of the owner's will to contest the arrangement. The pet owner should determine the amount which is reasonable for the care of the animals and fund the trust accordingly. Even if the owner has no desire to benefit family members, friends, or charities until the demise of the animal, the owner should not leave his or her entire estate for the animal's benefit. If the amount of property left to the trust is unreasonably large, the court may reduce the amount to what it considers to be a reasonable amount.16
F. Describe Desired Standard of Living
The owner should specify the type of care the beneficiary is to give the animal and the expenses for which the caretaker can expect reimbursement from the trust. Typical expenses would include food, housing, grooming, medical care, and burial or cremation fees. The pet owner may also want to include more detailed instructions. Alternatively, the owner may leave the specifics of the type of care to the discretion of the trustee. If the pet owner elects to do so, the pet owner should seriously consider providing the caretaker with general guidelines to both (1) avoid claims that the caretaker is expending an unreasonable amount on the animal and (2) prevent the caretaker from expending excessive funds. For example, in the case of In re Rogers, 412 P. 2d 710, 710-11 (Ariz. 1966), the court determined that the caretaker was acting in an unreasonable manner when he purchased an automobile to transport the dog while stating that it was a matter of opinion whether the purchase of a washing machine to launder the dog's bed clothing was reasonable.
G. Specify Distribution Method
The owner should specify how the trustee is to make disbursements from the trust. The simplest method is for the owner to direct the trustee to pay the caretaker a fixed sum each month regardless of the actual care expenses. If the care expenses are less than the distribution, the caretaker enjoys a windfall for his or her efforts. If the care expenses are greater than the distribution, the caretaker absorbs the cost. The caretaker may, however, be unable or unwilling to make expenditures in excess of the fixed distribution that are necessary for the animal. Thus, the owner should permit the trustee to reimburse the caretaker for out-of-pocket expenses exceeding the normal distribution.
Alternatively, the owner could provide only for reimbursement of expenses. The caretaker would submit receipts for expenses associated with the animal on a periodic basis. The trustee would review the expenses in light of the level of care the pet owner specified and reimburse the caretaker if the expenses are appropriate. Although this method may be in line with the owner's intent, the pet owner must realize that there will be additional administrative costs and an increased burden on the caretaker to retain and submit receipts.
H. Establish Additional Distributions for Caretaker
The owner should determine whether the trustee should make distributions to the caretaker above and beyond the amount established for the animal's care. An owner may believe that the addition of the animal to the caretaker's family is sufficient, especially if the trustee will reimburse the caretaker for all reasonable care expenses. On the other hand, the animal may impose a burden on the caretaker and thus additional distributions may be appropriate to encourage the caretaker to continue as the trust's beneficiary. In addition, the caretaker may feel more duty bound to provide good care if the caretaker is receiving additional distributions contingent on providing the animal with appropriate care.
I. Limit Duration of Trust
The duration of the trust should not be linked to the life of the pet. The measuring life of a trust must be a human being unless state law has enacted specific statutes for animal trusts or has modified or abolished the rule against perpetuities. For example, the pet owner could establish the trust's duration as 21 years beyond the life of the named caretakers and trustees with the possibility of the trust ending sooner if the pet dies within the 21 year period.
J. Designate Remainder Beneficiary
The pet owner should clearly designate a remainder beneficiary to take any remaining trust property upon the death of the pet. Otherwise, court involvement will be necessary with the most likely result being a resulting trust for the benefit of the owner's successor's in interest.17(Noticing that the pet owner neglected to provide for the distribution of the remaining trust property upon the pet's death and thus the property would pass through intestate succession.) The pet owner must be cautioned not to leave the remaining trust property to the caretaker because the caretaker would then lack a financial motive to care for the animal and thus might accelerate its death to gain immediate access to the trust corpus. The pet owner may also want to authorize the trustee to terminate the trust before the pet's death "if the remaining principal is small and suitable arrangements have been made for the care of the animals," according to Frances Carlisle & Paul Franken, Drafting Trusts for Animals, N.Y. L.J., Nov. 13, 1997.18
The pet owner may wish to consider naming a charity which benefits animals as the remainder beneficiary. "Hopefully the charity would want to assure the well-being of the animals and an added advantage is that the Attorney General would be involved to investigate if any misappropriation of funds by the trustee occurred." Id. The pet owner must precisely state the legal name and location of the intended charitable beneficiary so the trustee will not have difficulty ascertaining the appropriate recipient of the remainder gift.
K. Identify Animal to Prevent Fraud
The pet owner should clearly identify the animal which is to receive care under the trust. If this step is not taken, an unscrupulous caretaker could replace a deceased, lost, or stolen animal with a replacement so that the caretaker may continue to receive benefits. For example, there is a report that "[a] trust was established for a black cat to be cared for by its deceased owner's maid. Inconsistencies in the reported age of the pet tipped off authorities to fact that the maid was on her third black cat, the original long since having died."19
The pet owner may use a variety of methods to identify the animal. A relatively simple and inexpensive method is for the trust to contain a detailed description of the animal including any unique characteristics such blotches of colored fur and scars. Veterinarian records and pictures of the animal would also be helpful. A professional could tattoo the pet with an alpha-numeric identifier. A tattoo, however, could later cause problems for the pet because a pet thief could mutilate the pet to remove the tattoo, such as cutting off an ear or leg, if the pet's primary function is breeding. A more sophisticated procedure is for the pet owner to have a microchip implanted in the animal. The trustee can then have the animal scanned to verify that the animal the caretaker is minding is the same animal. Of course, an enterprising caretaker could surgically remove the microchip and have it implanted in another physically similar animal. The best, albeit expensive, method to assure identification is for the trustee to retain a sample of the animal's DNA before turning the animal over to the caretaker and then to run periodic comparisons between the retained sample and new samples from the animal.
A pet owner, however, may be less concerned with providing for the animals owned at the time of will execution, but rather wants to arrange for the care of the animals actually owned at time of death. "It would be onerous for [the owner] to execute a new trust instrument or will whenever a new animal joins the family."20 In this situation, the owner may wish to describe the animals as a class instead of by individual name or specific description.
L. Require Trustee to Inspect Animal on Regular Basis
The owner should require the trustee to make regular inspections of the animal to determine its physical and psychological condition. The inspections should be at random times so the caretaker does not provide the animal with extra food, medical care, or attention merely because the caretaker knows the trustee is coming. The inspections should take place in the caretaker's home so the trustee may observe first-hand the environment in which the animal is being kept.
M. Provide Instructions for Final Disposition of Animal
The pet owner should include instructions for the final disposition of the animal when the animal dies. The will of one pet owner is reported as containing the following provision: "[U]pon the death of my pets they are to be embalmed and their caskets to be placed in a Wilbert Vault at Pine Ridge Cemetery."21 The owner may want the animal to be buried in a pet cemetery or cremated with the ashes either distributed or placed in an urn. The cost for a pet burial ranges from $250 to $1,000 while pet cremations are significantly less expensive. A memorial for the pet may also be created for viewing on a variety of Internet sites.22
N. Sample Provisions
Trust provisions can be included in the arrangements for the pet animal's benefit. Please refer to Provisions for Estate Planning
III. Consider Outright Conditional Gift
An outright gift of the animal coupled with a reasonable sum to care for the animal which is conditioned on the beneficiary taking proper care of the animal is a simpler but less predictable method. Both drafting and administrative costs may be reduced if the owner does not create a trust. Only if the pet owner's estate is relatively modest, should this technique be considered because there is a reduced likelihood of the owner's intent being fulfilled because there is no person directly charged with ascertaining that the animal is receiving proper care. Although the owner may designate a person to receive the property if the pet is not receiving proper care, such person might not police the caretaker sufficiently, especially if the potential gift-over amount is small or the alternate taker does not live close enough to the caretaker to make first-hand observations of the animal.
If the owner elects this method, the owner needs to decide if the condition of taking care of the pet is a condition precedent or a condition subsequent. If the owner elects a condition precedent, the caretaker receives the property only if the caretaker actually cares for the animal. Thus, if the animal were to predecease the owner, the caretaker would not benefit from the gift. On the other hand, the owner could create a condition subsequent so that the gift vests in the caretaker and is only divested if the caretaker fails to provide proper care. The owner should expressly state what happens to the gift if the pet predeceases its owner. In the absence of express language, the caretaker would still receive a condition subsequent gift but not one based on a condition precedent.23 (Holding that the beneficiary received the legacy even though the pet died before the testator because the condition was subsequent.)
IV. Follow Applicable Statute, If Any
Texas does not have a statute which expressly addresses trusts for pet animals. However, if the pet owner is domiciled in a state with a statute authorizing the creation of enforceable trusts for animals, as compared to states whose statutes merely authorize such arrangements, the owner may desire to create an enforceable trust under the statute rather than using the conditional gift technique. Although the exact concerns will depend on the particular statute involved, many considerations will be the same as those for the conditional gift method. The effectiveness of this technique may be compromised if after executing the will, the pet owner moves and then dies domiciled in another state which does not have a similar statute.
V. Consider Outright Gift to Veterinarian or Animal Shelter
A simple option available to the pet owner is to leave the pet and sufficient property for its care to a veterinarian or animal shelter. This alternative will not, however, appeal to most pet owners who do not like the idea of the pet living out its life in a clinic or shelter setting. The animal would no longer be part of a family and is not likely to receive the amount and quality of special attention that the pet would receive in a traditional home. Nonetheless, this option may be desirable if the owner is unable to locate an appropriate caretaker for the animal.
VI. Consider Gift to Life Care Center
In exchange for an inter vivos or testamentary gift, various organizations promise to provide care for an animal for the remainder of the animal's life. The amount of the payment often depends on the type of animal, age of animal, and age of pet owner. One of the nation's most notable life care centers is the Stevenson Companion Animal Life-Care Center located at Texas A & M University. For additional information on life care centers in Texas, see M. Keith Branyon, What Do You Do With Four-Legged Beneficiaries, State Bar of Texas, Legal Assistants Division, LAU Seminar (2001).
VII. Avoid Honorary Trusts
Pet owners should avoid honorary trusts and related techniques be they judicially or statutorily authorized. If state law validates trusts for specific animals by using the honorary trust doctrine, the trustee will be permitted to carry out the owner's intent and provide care for the pet. The owner's heirs and beneficiaries would probably be unable to successfully contest the trustee's use of the property for the pet. However, the trustee cannot be forced to use the property for the pet because honorary trusts are unenforceable. If the trustee refuses to carry out the pet owner's intent, the trust property simply passes to the remainder beneficiaries or the owner's successors in interest. The owner's desire to care for the animal may go unsatisfied. In addition, the income tax ramifications of honorary trusts may not be as favorable as other arrangements.24
Estate planning provides a method to provide for those whom we want to comfort after we die and to those who have comforted us. Family members and friends can be a source of tremendous support but they may also let you down in a variety of ways ranging from minor betrayals to orchestrating your own death. Pet animals, however, have a much better track record in providing unconditional love and steadfast loyalty. It is not surprising that a pet owner often wants to assure that his or her trusted companion is well-cared for after the owner's death.
The American legal system, which should respect a person's desires and accommodate them as long as they are not harmful to others or against public policy, has a mediocre record when it comes to permitting pet owners to arrange after-death care of their pets. Over the past decade, the law has made admirable steps forward. State legislatures are increasingly enacting § 2-907 of the Uniform Probate Code or a functional equivalent thereof. However, this trend needs to continue so that every state has legislation authorizing pet owners to create enforceable long-term care trusts for their pets. Regardless of the existence of enabling legislation, pet owners may carefully prepare enforceable trusts under traditional trust law which assure proper care for their animals. Attorneys who prepare wills and other estate planning documents must be alert to the important role pets frequently play in their clients' lives and take the appropriate steps to help clients provide short- and long-term quality care for their "other" loved ones.
In publishing this article, the author is not engaged in rendering legal, accounting, or other professional service. If legal advice is required, the service of a competent professional should be sought.
By Gerry W. Beyer
Professor of Law, Author
Have you ever heard of SuperZoo? For those who work in the pet industry, it’s a must stop to find new foods, treats, toys, nutraceuticals (i.e., supplements), leashes, beds, and other pet products hitting the market.
SuperZoo is held in (Fabulous) Las Vegas, NV right in the middle of summer. Once inside the vendor area, attendees are treated to seemingly countless aisles of products catering to the needs of our canine, feline, and more exotic-species companions.
SuperZoo’s created endless “neighborhoods,” each featuring a diverse array of offerings, including:
Here are the most intriguing products:
ActivPhy — As the majority of my patients are geriatric dogs having some degree of the mobility compromise, veterinarians are often called into the patient-care fold to consult and provide pain relief. The goal is always to reduce reliance on prescription drugs potentially having mild to severe side effects, so the use of nutraceuticals is very common in veterinary practice.
MagicLatch — Safety is a topic may veterinarians are passionate about. MagicLatch is a magnetic device that allows the dog owner to easily attach a leash to a collar. This is great for senior citizens or for any person having challenge using their hands.
The K9 Fitvest Exercise Sport Vest and Cool Vest make your dog’s exercise sessions appropriately more challenging, or provide cooling during the warmer months.
Since greater than 50 percent of pets in the United States are overweight or obese, according to the Association for Pet Obesity Prevention (APOP), veterinarians are always interested in promoting canine and feline fitness whenever possible.
The Cool Vest seems to be an asset to performance dogs or those undergoing physical rehabilitation, as it serves to both cool the body in hot climates and provide a cooling effect to muscles post-workout.
Of course, the use of any product placed on a pet that has a “weighting-down” effect should always be overseen by the dog’s veterinarian to ensure that exercise is performed as safely as possible.
Cycle Dog Ecolast Toys — For fans of recycling and repurposing materials for better use, here is a interesting company. Ecolast Toys are “made from a blend of High Durability rubber and post-consumer recycled rubber from bicycle inner tubes. Cycle Dog Ecolast toys are the first molded pet toys made from post-consumer recycled materials. The toys are nontoxic, durable and come in a variety of shapes and sizes.”
Dog Fashion Spa Essential Oils for Dog Relaxation — Those looking for alternative means by which dog owners can calm their anxious or stressed pooches instead of simply relying on sedatives or anxiolytic (anxiety-relieving) drugs should take a look at Essential Oils for Dog Relaxation.
Pet owners should just make sure this product is only used externally on dogs, and not at all on cats, as felines are more prone to toxicity from essential oils (especially Tea Tree Oil) owing to their proficiency with self-grooming.
Q: What are vaccines?
A: Vaccines are health products that trigger protective immune responses in pets and prepare them to fight future infections from disease-causing agents. Vaccines can lessen the severity of future diseases and certain vaccines can prevent infection altogether. Today, a variety of vaccines are available for use by veterinarians.
Q: Is it important to vaccinate?
A: Yes! Pets should be vaccinated to protect them from many highly contagious and deadly diseases. Experts agree that widespread use of vaccines within the last century has prevented death and disease in millions of animals. Even though some formerly common diseases have now become uncommon, vaccination is still highly recommended because these serious disease agents continue to be present in the environment.
Q: Which vaccines should pets receive?
A: When designing a vaccination program, veterinarians consider the pet's lifestyle, related disease risks, and the characteristics of available vaccines. "Core vaccines" (e.g., rabies, feline panleukopenia, feline viral rhinotracheitis, feline calicivirus infection, canine distemper, canine parvovirus infection, and canine hepatitis) are recommended for most pets. Additional "non-core vaccines" (e.g., feline leukemia, canine kennel cough and other vaccines) may be appropriate based on the pet's particular needs.
Q: How often should pets be revaccinated?
A: Veterinarians have traditionally vaccinated annually; however, they are now learning that some vaccines induce immunity that lasts less than one year, whereas others may induce immunity that lasts well beyond one year. The AVMA recommends that veterinarians customize vaccination programs to the needs of their patients. More than one vaccination program may be effective.
Q: How does my pet's lifestyle affect its vaccination program?
A: Some pets are homebodies and have modest opportunity for exposure to infectious disease, whereas others have a great deal of exposure to other pets and/or wildlife and infectious disease by virtue of their activities. Still other pets live in geographic areas that place them at greater risk for contracting some infectious diseases. Differences in lifestyle illustrate the importance of customizing a vaccination program to individual patients.
Q: Are there risks associated with vaccination?
A: Vaccines have protected millions of animals from illness and death caused by infectious diseases. All medical procedures, however, carry with them some risk. Fortunately, in the case of vaccination, serious adverse responses are very infrequent. Veterinarians minimize risk by carefully selecting vaccines on the basis of a pet's individual needs and by choosing appropriate injection sites. In an effort to find ways to prevent even these limited numbers of adverse responses from occurring, the AVMA is working with government and industry to redefine how information regarding adverse responses is gathered, analyzed, and disseminated.
Q: Is serologic testing useful to evaluate immunity to some diseases?
A: Theoretically, tests that measure antibody response (i.e., serologic titers) may help veterinarians determine the need for revaccination in some cases. Unfortunately, veterinarians cannot be certain that a specific concentration of antibody is always protective or that a lower concentration leaves an animal unprotected.
This information has been prepared as a service by the American Veterinary Medical Association. Redistribution is acceptable, but the document's original content and format must be maintained, and its source must be prominently identified.
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