5 Things Dog Owners Should Consider When Doing An Estate Plan

5 Things Dog Owners Should Consider When Doing An Estate Plan

By Melinda Gustafson Gervasi

March 23, 2023 

Prepare yourself for a cuteness overload on your social media accounts today; it's National Puppy Day!  Established to encourage people to adopt a dog from a shelter or rescue dog, National Puppy Day is the perfect time to review 5 things dog owners should consider when creating or updating an estate plan.  According to the ASPCA, approximately 3.1 million dogs a year are surrendered to animal shelters.  Of those surrenders, two of the top reasons cited are lifestyle change (such as a chronic illness) or a move to a home that does not allow for a dog (for example, moving to assisted living).  With a small amount of planning in advance you may be able to provide continuity of care for your beloved companion if you were to become ill or pass away.

1. Wallet Alert Card -- create a simple card to keep in your wallet that would alert EMTs or other emergency personnel to the fact you are a dog owner.  If you were incapacitated and unable to return home for the evening feeding or walk with your dog, who should be contacted?  Include a name, phone number, email and other information to facilitate back up being called.  Unlike cats, dogs cannot be home alone for too long without care;
2. Authorization Form at Your Veterinarian's Office -- contact your vet's office to see if they have an authorization form that allows you to nominate an alternative person to obtain care for your dog if you are unavailable.  Alert the person(s) you list on the form that you have given them this permission.  Make certain they know who to contact the vet's office.
3. Create a Power of Attorney for Finances with Animal Care Provisions -- review your Power of Attorney for Finances to see if it includes language granting your agent authority to secure medical or boarding care for your dog if you are unable to do so yourself. If you were facing a weeks or months long illness, it would be easier for all involved if your documents clearly stated your agent had the authority to make critical decisions about your dog(s).
4. Make a Plan for Long-Term Care -- you may have thoughts on where you would prefer to receive long-term care, but what about your dog?  Where would your pup go if you were no longer able to live independently?  Are there family members or friends who can open their home and hearts to your dog?  Is there a rescue organization that could provide foster care for the long-term?
5. Leave Your Dog to a Caring Home in Your Will -- perhaps all you need is to make a simple gift of your dog and some money to a trusted person or rescue organization via your will, or you may have a situation that calls for a pet trust to be created to care for your dog after your death.  There are several options available for you to use, talk with an attorney licensed in your state of residence to find the best fit for your situation. 

Thanks for reading.  Leave a comment if you have additional tips or suggestions unique to dog owners creating or updating an estate plan.  Remember that a blog is meant to spark conversation and is not legal advice.  Be well and thank you for reading. 

National Healthcare Directive Day, April 16, 2013

Image by M. Gustafson Gervasi, 2013.

April showers bring May flowers -- Happy thoughts for a hard dicussion

Next Tuesday is not just the day after your 2012 income tax return was due.  It is a day when doctors, lawyers, and others who work with the public on matters of health pause and observe the important of making advanced health care decisions.

Planning for illness, death and taxes does not likely rank in the Top 50 List of what you want to do this weekend.  While not fun, it is important.  And it is a gift to your loved ones.  Need motivation to face these hard questions?  It can be found in one word, "control".  By sitting down and creating your own documents you are taking control over 1) who acts for you if you cannot, and 2) what you want to happen if you are in an end of life state.

In terms of the "who", do not go with your knee-jerk reaction.  Your oldest child should not be named just because he was born first.  Your sister should not be listed because if you don't, she'll nag you until the day you die.  Nominate someone who is right for the job.  This includes: ability to follow your wishes, comfortable speaking with medical staff, emotional ability to stay together when you are gravely ill, and has the time to be at your bedside.  Remember, you do not have to name a blood relative.  It is about taking control and putting down what  you think is best.

Not everyone can afford to work with an attorney, and not everyone wants to work with an attorney.  Free copies of medical powers of attorney (in Wisconsin it is a Power of Attorney for Health and a Living Will) are usually available from your doctor's office.  But do not overlook financial matters.  If you are too sick to make medical decisions, you are also too sick to file your taxes, pay your mortgage, etc.  You can use a power of attorney for finance to nominate who controls your checkbook if you cannot act. All of these forms are available for free, for Wisconsin residents, on the Department of Health Services website.  I do not use these in my practice; there are key elements I find troubling.  Read, ask questions, and determine if they fit your needs.

With 50 different states in our nation, we have 50 different sets of laws related to advance directives.  We even have a variety of names to call these important papers.  To learn more about the specifics of your state and its requirements, please consult an attorney in your area.

An Estate Planning Attorney Watches The Descendants

I'll be the firs to admit it, if a movie stars George Clooney I don't need anything else to put it on my must-see list.  Prior to having children, I would have seen the film in a theater.  Since having kids, my cinema days are on hold and it is only every few months that I have the time to settle down and watch a film on DVD with my computer.  And so that was the scenario a few weeks ago.  Snuggled under a blanket, kids tucked into bed, and nothing pressing for the following day, I popped in a George Clooney film.

There was a vague knowledge that The Descendants had something to do with Hawaii, death, and a trust.  Little did I know I was about to spend near two hours immersed in issues I routinely handle at work.  Granted, I do not have clients with 25,000 acres of pristine Hawaiian land in a trust.  But advance directives, the concept of livings wills, accidents out of the blue, family members waiting on an inheritance, and the messiness of relationships all parade through my door.  And my mind.

Curious about the author who wrote the book it film was based upon, I've requested it from the library.  Sure, I could Google his background, but I have client mattes to attend to.  So I'll wait and read the author profile once it arrives.  Attorney?  Journalist?  Therapist?  Talented, that is what I know for certain.

For those curious about terms associated with estate planning, I highly recommend viewing The Descendants.  Beautifully filmed and acted, it also delivers clear concise explanations of the terms that are common to me, but not the general public.

Four Things To Consider When Selecting An Agent for Your Power of Attorney for Health Care

Image Credit:  www.sxc.hu - free image

Starting at a blank power of attorney for health care form and confused about who to name as your agent?  If this is you, pat yourself on the back for taking control of your life and addressing this issue.  As for who to name, consider the following, which I come to from personal experience.  I was my father's power of attorney for health care in 2009 while he was dying.

First -- who do you know and trust that is good speaking with doctors and nurses;

Second -- who in your circle of family and friends is comfortable with medical terminology;

Third -- who in your life has the emotional strength to keep it together if this document comes into play -- we are not facing a sprained ankle here, but a very severe condition; and

Fourth -- who has the time to be there?  My father spent the final month of his life in a hospital, that last week in palliative care.  At the time I had a 13 month old child and my own legal practice.  Being there was not always easy, but I made it work.

No one may fit every element perfectly.  But use these points to evaluate who is best suited for the job.  Remember, don't select your first born because of birth order or your sister because she'll nag you until the day you die if you don't name here.  Select the person who is right for the job.  Trust me, I write from experience.

Thanks for reading, and remember a blog is not an attorney.  I recommend you seek the advice of a licensed attorney in your state for information specific to your situation.

Health Care Decision Day, April 16, 2012

Governor Scott Walker has declared April 16, 2012 as Health Care Decision day in Wisconsin.  According to the Governor's Office, only 20 percent of Wisconsinites have the proper paperwork in place.  Lack of information is sited as the primary reason.  To help with the missing information, please note:

• a power of attorney for health care allows you to appoint someone to make your health care decisions if you are not able to.  Whether to have surgery or sign admission papers to a long-term care facility are examples of functions of a health care agent;
• a living will is your statement to your medical team about your wishes if you are in an end of life states -- essentially whether you want machines to keep you alive if you are terminally ill with no hope of recovery within 12 months or you have a permanent loss of consciousness; and
• a power of attorney for finance allows you to appoint someone to handle your financial affairs if you are too sick.  Paying your mortgage, signing tax returns, or talking with your retirement plan are typical examples of jobs a power of attorney for finance completes.

Learn more about Health Care Decision Day on the State of Bar of Wisconsin's web site.  Forms are available for free, and attorneys charge a wide range of prices to assist with this process.  It may be more affordable than you would guess.

Remember, a blog is not legal advice.....rather a discussion for issues related to illness, death and taxes.

Organ Donation

Here is a short article on an effort to increase the number of willing organ donors in Maryland.  How about you -- would you donate?  If yes, please share why?  If not, why?

When preparing documents for clients this question comes up routinely.  There are people on both sides of the issue.  I even had a person who had received a transplant who refused.....simply too many medical procedures already endured.

What Does Fiduciary Mean?

Fiduciary is a term in estate planning that connects a person who is acting on another's financial behalf.  Usually it is coupled with "responsibility".  When explaining it to clients who are executing powers of attorney for finance, I explain that the person they are appointing to act for them has a duty or responsibility to acting reasonably.  Essentially, if they are managing the money, they should not run off to Las Vegas with it.

Image credit: www.sxc.hu-free image

What Is A Living Will?

"Living Will" -- I could not think of a worse name for this instrument if I tried.  Declaration to Physician is what it is less commonly known as, and is just what it is.  In Wisconsin it is a document that allows you to speak directly to your medical team about your wishes if you are in an end-of-life state.  Here that is defined as a permanent loss of consciousness or a terminal illness with no hope of recovery.  Two treating physicians determine if you are in this state, and if you are, you can record your wishes about the use of equipment to keep you alive.  Ventilator?  Feeding tube?  CPR?

Photo credit: www.sxc.hu - free image

Unlike a power of attorney for health care, a declaration to physicians does not empower someone to speak for you.  Rather, it captures your wishes in a form that doctors can turn to if you are not able to speak.  Completing one is one of the easiest things you can do to take control of your life and express your wishes.

Please remember, a blog is not an attorney.  This post is not legal advice.  Please consult an attorney in your area.  And thank you for reading.

Living Wills: A Parody and a Necessity

Recently I came across a 2005 New Yorker parody piece "Living Will" by Paul Rudnick. A great dose of humor to an otherwise difficult and sad topic. What is a living will? In Wisconsin they are also called a Declaration to Physician, which I feel is a much clearer title. Essentially it is a document that tells your medical team what you want to happen if you are in an "end of life" state. Without it your loved ones are left to guess, and those guesses may or may not be followed. Take care, put your wishes on paper, and it is a true gift to your loved ones.

If you still find it a hard topic to address, read Rudnick's piece, and then dive into yours. I personally love number 1 and 12.

Remember, a blog post is no substitute for an attorney. Please seek advice from a licensed attorney in your home state.

Patient Confidentiality and Powers of Attorney?

How do powers of attorney for health care and client confidentiality co-exist? This question came to my mind while reading an article in the Wisconsin State Journal over the weekend. Apparently a Middleton man is suing his physician and others after the doctor called his mother (following surgery) and disclosed the patient was HIV positive. Asserting the doctor violated state law, the patient is now suing. What I find interesting is that the article does not mention whether the man's mother was operating with authority established in a power of attorney for health care. If so, it raises the question of whether a patient maintains confidentiality....I'll be watching this case and looking at my own POAs more closely.

Argument Against Co-Agents for Health Care

One challenge of being an attorney is to convince clients that their well thought out plans are wrong. Case in point -- when clients want all three children to have an equal say in health care decisions.

I've reviewed Wisconsin's statutes and did not find an explicit prohibition on co-agents. However, after posting to an estate planner list serve I can tell that I am not the only attorney to advise against this practice. What happens if they don't agree? What happens if one is not available? And the scenarios continue.

When it comes to naming an agent for your power of attorney for health care I always advise that clients select:

• someone who is comfortable speaking with medical personnel;
• someone who can handle seeing you in a very compromised state; and
• someone who has the time to be at your bedside.

I should add to that list -- pick a someone, not someones. You can have an order of succession, but one is most likely best.

As always, a blog post is intended to spark discussion, not dispense legal advice. I highly recommend you speak with an attorney in your state about your situation before taking action.

Extreme Living Will

Apparently an 81-year old grandmother in England does not trust that having a living will on file with her doctor is sufficient. To make sure her medical team knows her wishes, she has had "do not resuscitate" tattooed on her chest and "PTO" tattooed on her shoulder.

I usually recommend that clients put their living will on file with their doctor, specialist, hospital, and give a few copies to their health care agent. I doubt I'll go so far as to mention the tattoo option.

John F. Kennedy, Motivation, and Estate Planning

Recently I came across a wonderful quote:

"The time to repair the roof is when the sun is shining." - John F. Kennedy

Is your estate plan out of date or non-existent? Don't wait to cross this task off your to-do list until you are in the hospital. Now, while life is calm, is the time to tackle the hard questions associated with powers of attorneys, wills, and the like.

Estate Planning for Expectant Moms

It's July 29th, a normal Friday for most. Not for me, today is my daughter's 1st birthday. As my second child, I thought I would be more prepared than I was upon my son's arrival. But, my daughter had other plans. She arrived 3 1/2 weeks early, and has been a source of delight in our live ever since. Today, as we celebrate her first year, I am away from the office. I want to use this post to offer a few suggestions for expectant mothers in terms of estate planning...don't put it off, your little one may arrive before you think:

1. Create or update your paper work now; life is calmer than it will be for the next year;
2. Make sure you have a power of attorney for health care that allows your agent to act if you are pregnant;
3. Make sure your power of attorney is on file with your physician, OBGYN, and hospital -- the doctor and hospital are usually two separate entities. Have these documents at your medical team's fingertips. Hopefully they will not be needed, but in case, make life easier by being organized and prepared;
4. Complete a will and nominate a guardian for your child -- no one will replace you, but take charge and tell the court who would be the best option if the father is not able to act (i.e. common accident, deceased, or simply not a part of your child's life); and
5. Review and update your beneficiary forms. If you have a testamentary trust (meaning a trust in a will) name the trust not your child. Keep copies with your estate planning documents.

These are 5 thoughts at the top of my mind -- anyone else have suggestions?

When Estate Planning Documents Are Too Personal

My jaw dropped earlier this week when a client handed over a will that was drafted for her, by a different attorney, last year. There, after her name, was her Social Security number. Amazed I asked if she had paid anything for these documents. And sadly she had; her husband was terminal at the time. Why was I so shocked? It is no longer common practice to put Social Security numbers or other personal information in what will one day become a public document. The concern -- identity left. If your estate planning documents (wills, powers of attorney, etc.) contain your Social Secuirty number, it might be appropriate for an update.

Limbo: The Time Between Your Last Breath And The Court Nominating A Personal Representative

The moment you die, the powers established in your power of attorney die with you. Instantly, with your last breath, they are gone. No authority is re-established until a probate is opened. This means either a will is filed or an intestate probate is open (meaning you died without a will). In either case, the court will issue a letter appointing a personal representative. Best case scenario, this will take 2-3 weeks. What happens in the interim? Usually a funeral or burial. But, the question arises - who is in charge? Of course there are state statutes to turn to, but the moment a person dies, things happen quickly. I write from experience.

My father entered the hospital in mid-August, 2009. By Labor Day weekend the medical team was urging us to transfer him to palliative care; nothing they could do would change the outcome. He was not leaving the hospital. It was a Friday evening when the move was made; we were told to expect him to live another 36-48 hours. My dad had other plans, he held on for 7 days, taking his final breath at 10pm the following Friday night. His last hospital stay lasted a month and felt like a year. But within 1 hour of his death, I was being asked "which funeral home are you using?" The speed surprised me, but then again, this was a bustling hospital, space was needed, it was time to move on.

As an estate planning and probate attorney I had encouraged both of my parents to complete a free form created by the Wisconsin Department of Health Services; Authorization for Final Disposition. It is a simple fill in the blank form, whereby you can appoint a first and second person to handle burial arrangements. There is space for noting cremation or burial, religious or non-religious, location, timing, funding, etc. But, no matter how many letters I had after my last name, my father still hesitated to take my advice. He never completed the form.

My older, half-brother, who had been estranged from the family for 10 years suddenly showed up that last week. The re-connection was nice, but tenuous. All of a sudden dad dies, and here is his "little sister" taking charge, cremating dad. My brother was not aware that in my dad's final 2 years he had decided that cremation and burial in a plot in the town my mother was from was ideal; she would be buried there as well. It was simple, and preserved more funds for my mom. He'd given up on the large Catholic funeral he'd always talked about....but just had not told my brother. Thankfully things smoothed out and all is well now. But having completed that form I could have simply shown my brother our father's wishes, and it would have likely been easier for him to accept.

A glimpse into my how my personal and professional lives merged during my father's last illness; from it goes useful, practical advice, or so I hope. Make your wishes known, take control, fill out the forms.

Jeff Conway: The Importance of Updating Documents

The last illness and death of Actor Jeff Conway illustrates the need to update estate planning documents if and when relationships change. In this story, his ex-girlfriend (emphasis on ex) asserts she has Power of Attorney from 2007 documents; and refused to remove life support even though that was what his family requested.

He has since passed on, but this underscores the need to review documents and make changes if people are named who are no longer in your life.

End-of-Life Planning and Technology

My husband, an electrical engineer, is always curious about the intersection of estate planning and technology. Given his field of work, he is often amazed at the lack of technology in my practice. Wills have to be on paper! But alas, here is a development that combines the traditional elements of estate planning, a living will, with technology.

"Some physicians resist advance care planning out of concern that addressing these issues will rob patients of much-needed hope, Mr. Hozella said. "There is also concern that advance directive documents are poor representations of patients' values and goals, and hence are often not useful for dealing with complex medical decisions that may arise during end-of-life care.

"We've found that a computer-based decision aid can help patients learn about and work through key issues in end-of-life planning, generate an advance directive document that accurately reflects their wishes for end-of-life care, and do so in a way that does not diminish their sense of hope," he said. "This decision aid was designed to address the advance care planning needs of patients, regardless of their medical condition.

"The present study shows that patients with COPD are among those who will benefit from the use of this CDA," he added. "These findings should encourage clinicians, patients and patients' families to use our computer-based decision aid to engage in effective advance care planning."

While this article indicates an increased awareness, I wonder if it will really make a difference? For whatever reason, people, healthy or ill, young or old, do not like to actually sit down and put these thoughts on paper....or in this case, digital media.

Poem: End of Days

Driving to the office last week I turned on Wisconsin Public Radio, and caught the brief Writer's Almanac segment. The poem was moving, and made me think about my clients and the decisions they make when completing living wills. Here is a literary take on the nuts and bolts of my practice. The Writer's Almanac web site has an audio link, it is worth a listen.

End of Days

by Marge Piercy

Almost always with cats, the end

comes creeping over the two of you—

she stops eating, his back legs

no longer support him, she leans

to your hand and purrs but cannot

rise—sometimes a whimper of pain

although they are stoic. They see

death clearly though hooded eyes.

Then there is the long weepy

trip to the vet, the carrier no

longer necessary, the last time

in your lap. The injection is quick.

Simply they stop breathing

in your arms. You bring them

home to bury in the flower garden,

planting a bush over a deep grave.

That is how I would like to cease,

held in a lover's arms and quickly

fading to black like an old-fashioned

movie embrace. I hate the white

silent scream of hospitals, the whine

of pain like air-conditioning's hum.

I want to click the off switch.

And if I can no longer choose

I want someone who loves me

there, not a doctor with forty patients

and his morality to keep me sort

of, kind of alive or sort of undead.

Why are we more rational and kinder

to our pets than to ourselves or our

parents? Death is not the worst

thing; denying it can be.

April 16th - It's National Healthcare Decision Day!

Your taxes are probably done, so now tackle another unpleasant task -- completing your power of attorney for health care, living will, and power of attorney for finance.

Learn more about National Healthcare Decision Day by visiting its web site. You can find free forms, stories, and more.

Remember, completing these forms is a gift to your loved ones.