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What If I Died Today?
It’s our worst possible nightmare. What would happen to our pets if we suddenly died? What will happen to them if we die before they do?
Some of us are lucky enough to have families that will take care of them, but what about those who don’t?
Two events have made me reflect on this issue in recent days:
1. The sudden death of two our members. They were both young. They both died unexpected deaths.
2. The fact that we are having adoption requests from senior citizens that already have a number of animals in their homes. In most cases the issue seems to have been discussed with their sons and daughters but there is always a lingering doubt… will they really take care of their animals?
I look around the websites of many animal organizations. They are all geared towards receiving donations. In most cases the whole fund raising process is done in a completely shameless way that makes one wonder. But then, I have not found anybody offering a solution to the question.
There are a number of legal provisions you can take, and this include the setting up of a Special Trust to provide for your animal. This works in countries like the US where the SPCA could (provided that a large provision is made) in theory, take care of your animals. These provisions are enforceable.
Under the California Probate Code, a trust for the care of an animal is a valid trust that can be enforced in court. An action to enforce a pet trust can be brought by “any person interested in the welfare of the animal.” This includes animal-care organizations such as the SPCA and similar non-profits that have as their principal activity the care of animals. In addition, the settlor (person creating the trust) may designate certain persons who will have the right to bring a court action to enforce the trust. If no one has been designated in the trust instrument, the court can even appoint a person to enforce the trust. Generally, regular accountings are required, and copies must be given to any nonprofit charitable organization (such as the SPCA) that has as its principal activity the care of animals and that has requested these accountings in writing. These and other protections were put in place by the State Legislature to protect against fraud and abuse with funds that were intended to provide for much-loved companion animals. For example, a remainder beneficiary (a person who is designated to receive funds remaining upon the animal’s death), an enforcer named in the trust, and animal-care organizations all have the right to check on the animal, inspect the animal’s living situation, and review the financial records of the trust.
Well… I don’t know about you but I wouldn’t leave any of my animals to the care of an institution that endorses the Killing of unwanted pets and owner surrenders. It’s the ultimate oxymoron akin of entrusting a scammer with running a financial institution (oops!.. isn’t this what happens anyway?). I also would never dream of letting any of my animals end up in a shelter struggling for food and fighting against disease.
Let’s Adopt! is a horizontal organization run exclusively by volunteers. Some would like to leave this matter to professionals but I, and I am sure, many of you, would rather entrust the life of our best friends to the incredible members of this community.
Ok, so here is what we are going to do, once again, a proof of Let’s Adopt! commitment to animal rescue. Any of our members who wishes to do so can, from today, make a provision on his will entrusting us with the rehoming of his beloved animals in case of his death.
This offer brings with it a series of challenges, but most importantly, it should make us all realize the importance of putting all our efforts in building a large international network of foster homes as they will be needed if this program is to succeed. This also means we need to enlarge the reach of our organization, in short, we need to grow.
We don’t want you to leave any real estate to us, we don’t request from you to contribute to our Fund in any way, we don’t seek the establishment of any Trust of any kind. We will do this for you, for your animals because, quite simply, it is the right thing to do.
How to do this? Very simple.. put on writing and instruct your closest family members and, quite possibly, your lawyer, to contact us in case of death.
We have only one condition to be eligible to this program. You must put it on writing and it can only be implemented after the event of death or before if you are dealing with a terminal illness.
Please… don’t die, ever!… but if you must, please ensure your pets are well taken care of and end up in a loving family, not in a shelter or worst.
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