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Estate PlanningThe best way to make sure your wishes are fulfilled is by also making formal arrangements that specifically cover the care of your pet. It's not enough that long ago your friend verbally promised to take in your Maltese or even that you've decided to leave money to your friend for that purpose. Work with an attorney to draw up a special will, trust, or other document to provide for the care and ownership of your Maltese as well as the money necessary to care for him or her.
When preparing a will, sample language might include the following: {Article Number} A. As a matter of high priority and importance, I direct my Personal Representative to place any and all animals I may own at the time of my death with another individual or family (that is, in a private, noninstitutionalized setting) where such animals will be cared for in a manner that any responsible, devoted pet owner would afford to his or her pets. Prior to initiating such efforts to place my animals, I direct my Personal Representative to consult ______________________, D.V.M. (currently at the _______________________ Hospital), or, in the event of Dr. _____________'s unavailability, a veterinarian chosen by my Personal Representative, to ensure that each animal is in generally good health and is not suffering physically. In addition, I direct my Personal Representative to provide any needed, reasonable veterinary care that my animal(s) may need at that time to restore the animal(s) to generally good health and to alleviate suffering, if possible. Any animal(s) not in generally good health or who is so suffering—and whose care is beyond the capabilities of veterinary medicine, reasonably employed, to restore to generally good health or to alleviate suffering—shall be euthanized, cremated, and the ashes disposed of at the discretion of my Personal Representative. Any expenses incurred for the care (including the costs of veterinary services), placement, or transportation of my animals, or to otherwise effect the purposes of this Article ___________ up to the time of placement, shall be charged against the principal of my residuary estate. Decisions my Personal Representative makes under this Article ____________________for example, with respect to the veterinary care to be afforded to my animal(s) and the costs of such care-shall be final. My intention is that my Personal Representative have the broadest possible discretion to carry out the purposes of this paragraph.
You should thoughtfully select a caretaker for your dog. 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. The prospective caretaker should be questioned before being named to make certain the caretaker will assume the potentially burdensome obligation of caring for your Maltese, especially when the pet is in need of medical care as it ages. You may also want to think about naming several alternate caretakers should your first choice be unable to serve for the duration of the pet's life.
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