{"id":63,"date":"2010-09-20T16:31:52","date_gmt":"2010-09-20T16:31:52","guid":{"rendered":"http:\/\/hlsorgs.com\/saldf\/?p=63"},"modified":"2010-09-20T16:31:52","modified_gmt":"2010-09-20T16:31:52","slug":"ma-pet-trusts-legislation","status":"publish","type":"post","link":"https:\/\/orgs.law.harvard.edu\/animallaw\/2010\/09\/20\/ma-pet-trusts-legislation\/","title":{"rendered":"MA Pet Trusts Legislation"},"content":{"rendered":"

H. 1467: \u00a0AN ACT RELATIVE TO TRUSTS FOR THE CARE OF ANIMALS<\/strong><\/span><\/p>\n

On June 15, 2010, the Massachusetts House passed the Pet Trusts bill. This bill would create a legally enforceable trust to provide financially for\u00a0a companion animal\u00a0after the\u00a0person dies or becomes unable to care for their animal(s). <\/span><\/h3>\n

HLS SALDF was active in petitioning the Massachusetts House in favor of the bill’s passage.<\/p>\n

What the bill does:<\/strong><\/p>\n

<\/strong><\/h4>\n

This bill would allow for legally enforceable trusts to provide for the care of one or more animals if the trust\u2019s creator becomes incapacitated or dies.\u00a0\u00a0It would do this by authorizing the creation of an enforceable trust that is established with the pet as the beneficiary, while specifying both a trustee for the trust and a caretaker for the pet.\u00a0\u00a0With this legislation, pet owners can be ensured that their wishes and directions regarding their companion animals will be carried out.<\/p>\n

Why the bill is needed and why Massachusetts\u2019 current law is not sufficient – the growing trend in state laws permitting pet trusts<\/strong>:<\/p>\n

As of August 2009, forty-two states and the District of Columbia have enacted pet trust statutes.\u00a0\u00a0Nineteen of the states and the District of Columbia have adopted the Uniform Trust Code\u2019s provisions for pet trusts.\u00a0\u00a0\u00a0Georgia currently has pending legislature that is expected to pass in July 2010.<\/p>\n

Massachusetts is one of only eight remaining states that continues to have no form of pet trust legislation.\u00a0\u00a0In Massachusetts, a person can currently only assign the assets of a trust to the caretaker of the pet, and hope that the caretaker uses the assets for the care and maintenance of the pet as intended.\u00a0\u00a0Such a trust is not enforceable by law.\u00a0\u00a0The alternative means of providing for a pet through a will is also problematic for the same reason and for the delay of providing access to the funds that can accompany the probate process, leaving the pet at risk for lack of care.<\/p>\n

Why the bill is important to Massachusetts constituents and for public policy reasons:<\/strong><\/p>\n

More and more people view their pets as family members and are concerned about the welfare of these animals if the animals should outlive them.\u00a0The increase in veterinary advances now available to companion animals and the advent of pet health insurance for owners to minimize costs has added to the overall health and lifespan of people\u2019s pets.\u00a0\u00a0Pets are living longer and are an integral part of their families\u2019 lives.\u00a0\u00a0\u00a0It has been estimated that between 12 and 27% of pet owners include their pets in estate planning.\u00a0\u00a0The American Veterinary Medical Association estimates that over 68.7 million households care for a companion animal.\u00a0\u00a0In Massachusetts, it is estimated that 33.3% of households live with a cat or dog (MSPCA Dorr Research).<\/p>\n

Not infrequently, municipal shelters and animal rescue organizations find that the incapacity or death of an owner results in abandonment, surrender or the inability to care for the pet.<\/p>\n

This bill would allow pet owners to provide financial resources for the care of their animals in the event of incapacity or death, which benefits the owners as well as the pets.\u00a0\u00a0Additionally, the burden placed on municipal shelters and rescue organizations would be eased as pet owners would have a viable, enforceable alternative plan for the care of their animals.<\/p>\n","protected":false},"excerpt":{"rendered":"

H. 1467: \u00a0AN ACT RELATIVE TO TRUSTS FOR THE CARE OF ANIMALS On June 15, 2010, the Massachusetts House passed […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-63","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p5BJaz-11","_links":{"self":[{"href":"https:\/\/orgs.law.harvard.edu\/animallaw\/wp-json\/wp\/v2\/posts\/63","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/orgs.law.harvard.edu\/animallaw\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/orgs.law.harvard.edu\/animallaw\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/orgs.law.harvard.edu\/animallaw\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/orgs.law.harvard.edu\/animallaw\/wp-json\/wp\/v2\/comments?post=63"}],"version-history":[{"count":0,"href":"https:\/\/orgs.law.harvard.edu\/animallaw\/wp-json\/wp\/v2\/posts\/63\/revisions"}],"wp:attachment":[{"href":"https:\/\/orgs.law.harvard.edu\/animallaw\/wp-json\/wp\/v2\/media?parent=63"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/orgs.law.harvard.edu\/animallaw\/wp-json\/wp\/v2\/categories?post=63"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/orgs.law.harvard.edu\/animallaw\/wp-json\/wp\/v2\/tags?post=63"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}