Pet Trust Bill Gains Strength in California

I thought this cartoon was sort of appropos.
Remember this entry? Well here's even more incentive for me AND YOU to start a living will and include your pet(s) in there with a trust that tells those left behind who should take over the responsibility of your beloved pets and exactly how they should be taken care of in the event that you die before your pet does. This new law (which goes into effect January 1, 2009) will ensure that owner's wishes WILL be carried out with NO IFs, ANDs or BUTs.

Here's the press release that was emailed to me:

California Strengthens Pet Trusts

Governor signs Yee's bill to ensure pet owners' wishes are honored in estate planning

SACRAMENTO - Governor Arnold Schwarzenegger (R-Los Angeles) today signed
into law a bill aimed at protecting animals after the deaths of their owners. Senate Bill 685, authored by Senator Leland Yee (D-San Francisco/San Mateo), is expected to reduce the burden on pet shelters, conserve public services and funds, protect defenseless animals, and guarantee that people's wills are carried out as intended.

"Pets are an important part of the American family," said Yee. "SB 685 will make pet trusts enforceable and assure that the wishes of pet owners are respected."

"This is a great step forward in protecting pets throughout California," said Jan McHugh-Smith, President of the San Francisco Society for the Prevention of Cruelty to Animals (SPCA). "SB 685 will provide the legal basis to make certain that the careful planning of pet owners is carried out and that pets continue to be cared for and safeguarded even after the passing of their owners."

Many animal shelters are filled with pets of deceased owners, despite the fact that a number of the owners made arrangements for the pets after their death.

Currently, pet trusts in California are honorary and not enforceable by law. SB 685 will address the present unenforceability in the administration of pet trusts by removing the discretion of trustees in fulfilling the trust. The bill also allows courts to appoint a caregiver if the trustee does not wish to arrange for the pet care.

"Wills and trusts are the means for people to bestow their possessions and savings as they see fit," said Yee. "Under this new law, a pet owner will be assured that their pet will be properly cared for after their passing while also ensuring that kin are not burdened with undue pressure."

In addition to the San Francisco and American SPCA, SB 685 was supported by the Humane Society of the United States, 2nd Chance 4 Pets, Action for Animals, Animal Legal Defense Fund, Animal Switchboard, California Federation for Animal Legislation, Marin Human Society, United Animal Nations, Wildcare, and San Francisco Dog Owners Group.

SB 685 (Chapter 168) officially becomes law on January 1, 2009.