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Put a pet trust in place, just in case…

Posted on April 3, 2017 by alexb2448

This vintage typwriter is our featured image.

Founder/owner of In Brief Legal Writing Services, Alexandra Bogdanovic. Photo by N. Bogdanovic

Just call me old-school.

In addition to the calendars on my phone and iPad, I still keep a wall calendar in my home office. And to be honest, I’ve never been happier about turning the page.

Yes, March was a tough month here at In Brief Legal Writing Services. There was the anniversary of my father’s death; the loss of an old friend; and an unspeakable family tragedy that left us reeling. Collectively these incidents serve as a reminder that life — the wild and crazy and wonderful and wacky ride we’re all on while we’re here — is so incredibly short.

No one will live forever…

Collectively, it was also a reality check. A big one. After all no one likes being reminded about their own mortality. No one like to think about “what will happen if… or what will happen when….” No one really wants to think about putting their affairs in order. So it’s easy to procrastinate. You swear you’ll do it tomorrow and then tomorrow becomes the next day and the next thing you know it’s a week later… so you start all over.

But as any good lawyer will tell you, making your wishes known through a will or trust is essential. If done properly, the creation of a written, legally binding directive regarding the provisions for your loved ones in the event of permanent disability or death, will give everyone peace of mind.

True, there is a lot to consider. And depending on your circumstances, these considerations may go well beyond “who gets what.” For pet owners, a critical question that is often overlooked is, “what will happen to the animal(s).”

What is a pet trust?

A recent article on forbes.com addresses the issue. Specifically it discussed the importance of creating a “pet trust.”

Basically, a pet trust is a legal mechanism that allows an owner to have a certain amount of money set aside for the care of his or her animal(s) in the event of catastrophic illness/injury or death. It also allows the owner to designate someone to manage the trust and/or care for the animal(s). It can also detail how the animal’s or animals’ needs should be addressed.

Because pet trusts are governed by individual state laws, experts strongly recommend that pet owners discuss the matter with qualified attorneys during the estate planning process.

You can find information about individual state laws regarding pet trusts here.

Don’t leave your pet’s future to chance…

Each situation is different, so a pet trust might not be the right option for you. But unless you know beyond a shadow of a doubt that friend or relative is willing to assume responsibility for your pet(s) in the event that you can no longer care for the animal(s), please, please, please make some sort of provisions for their care. Don’t leave it to chance.

Good news for Tennessee pet owners

Posted on March 31, 2017 by alexb2448

Once upon a time, there were limited options for the anguished owners of lost or missing pets. They could make posters, pin them on utility poles around town and hope. In a best-case scenario, the owner and their pet would be reunited after a Good Samaritan who had seen the poster found the cat or dog wandering in the neighborhood; or the stray ended up on someone’s doorstep and they called the number on its tag.

Eli, the In Brief Legal Writing Services mascot. — In Brief Legal Writing Services mascot Eli catching up on the latest news. Photo by Alexandra Bogdanovic

Luckily, advances in technology have changed all of that. Today many pets are microchipped, so it is easier to identify the animal and its owner. The Internet and social media platforms allow owners to notify huge numbers of people about their missing dog or cat. On the flip side, these tools also allow people who have found missing or lost pets to try to find their rightful owners.

Of course there are also all sorts of apps that have been specifically designed to ensure that lost dogs and cats are safely returned to their owners.

And now the Tennessee Department of Health has come up with another solution…

Web-based resource uses info from rabies tags

According to information on a Tennessee TV station’s website, the state health department has created a new tool that lets someone who has found a dog or cat locate its owner by using the information on the animal’s rabies tag.

“Those who find stray pets wearing TDH rabies tags can now use this tool on the TDH website to search for and identify the veterinarians who vaccinated the animals, who can then help with information to find the owners,” NewsChannel9 reports.

The only downside to this is that the health department isn’t the only agency that issues rabies tags. So even if a stray dog or cat has one, it could very well be from another agency. In fact, that’s likely to be the case in Tennessee municipalities that have independent licensing protocols.

If someone finds an animal with a rabies tag that’s issued by an agency other than the health department, however, they should call the phone number provided. That way, the issuing agency can help reunite the dog or cat with its family.

Beat the odds

According to the ASPCA, approximately 710,00 stray dogs and cats that end up in shelters are reunited with their owners. Of those, most are dogs (620,000). The agency estimates that only 90,000 stray cats in shelters are returned to their rightful owners.

American Humane Association estimates cited on petfinder.com indicate that millions of American dogs and cats are lost or stolen each year. Furthermore, “one in three pets will become lost at some point in their life.”

What can’t be quantified or qualified is the heartache pet owners experience when their dog or cat disappears… or the joy when they’re reunited.

A happy ending for Cranberry the pit bull-mix

Posted on March 29, 2017 by alexb2448

Every so often, I come across a story that makes me want to put my fist through the wall, or kick someone’s butt, or both. This was one of them. But at least it seems to have a happy ending.

A heartbreaking story…

Back in November, a Philadelphia cop allegedly decided he didn’t want his dog any more. So he allegedly got rid of her.

According to published reports, he just threw her away. Literally. Luckily, a Good Samaritan found her in the trash bag in a park where she was allegedly abandoned.

“The Good Samaritan and her dog came upon a garbage bag and as they got closer found a dog’s head was visible. The Good Samaritan called the PSPCA’s Humane Law Enforcement team who sent two officers to the scene to rescue the dog and bring it back to the shelter to receive the medical care it needed,” the Pennsylvania SPCA said in a March 23 press release.

Judging by the picture, her rescuers intervened in the nick of time…

With a happy ending

As Cranberry recovered from her ordeal, authorities tried to figure out exactly how she ended up in such a horrible predicament. And their efforts paid off.

Last week, Michael Long, a Philadelphia police officer, was arrested on several charges including two misdemeanor counts of animal cruelty.

“This arrest today is the culmination of an investigation conducted by our officers and the Philadelphia Police Internal Affairs Unit,” said Nicole Wilson Director of Humane Law Enforcement. “We look forward to the opportunity to see justice through the courts in this matter.”

Regardless of the outcome, it also looks like Long will lose his job since he has reportedly been “suspended with intent to dismiss.”

Most importantly, Cranberry got adopted and has been living with her new family since December.

Wolf-dogs, exotic cats and a firefighter who went beyond the call of duty

Posted on March 27, 2017March 26, 2017 by alexb2448

A recent search for blog fodder resulted in so many cool articles, I thought I’d touch on all of them in one post rather than doing individual posts on each one. It’s more timely this way. Hopefully it will be just as informative.

Think carefully before you get a wolfdog, or a wolf-dog…

In an article on a Denver TV station’s website, Anica Padilla asked whether wolf-dogs (or wolfdogs) make good family pets.

Padilla’s article was a follow-up to a previous story about the confiscation of an alleged wolf hybrid by local authorities.

The general consensus reached by the experts cited in the latest story is that wolf hybrids (aka wolfdogs or wolf-dogs) are wonderful animals. But they doesn’t mean they’re good pets. Getting one as a family pet is definitely not a good idea.

Because they’re not (and never will be) completely tame, wolf hybrids have different needs than the average dog. They’re generally bigger, more energetic and have a different way of bonding with people.

There are other traits that make wolf hybrids harder to care for than a golden retriever, poodle or chihuahua. And depending on where you live, it may be illegal to have one.

I speak from experience. No, I never had a wolfdog. But as a reporter in Virginia, I spent more than my share of time writing about a woman who got in trouble with the state for breeding them. I don’t remember the specifics, but I do remember that it wasn’t much fun…

Now that’s no ordinary cat

On a similar note, some residents in a Paterson, New Jersey, neighborhood got quite a surprise when they spotted an unusual cat last week.

According to published reports, one witness described it as “something like a puma.” Another admitted that she didn’t know what kind of cat it was. She just knew it wasn’t an ordinary house cat.

As it turned out, she was right. It was definitely not an ordinary cat. It was an “exotic” cat called a Savannah. A Savannah is a cross between a domestic cat and an African wildcat called a serval.

Apparently this one escaped when its owner left the window open, but there was never any cause for alarm, one man told the media.

“The cops know him, everyone knows him,” the man said. “He’s always on the window. Real nice cat.”

Although they can get quite big, a local animal control officer told the media that ownership of Savannahs is legal in New Jersey “as long as they’re at least one percent domestic cat.”

Santa Monica’s bravest go above and beyond to save a dog

Since everyone can use something to make them smile — especially on a Monday — I just had to share this feel good story about some California firefighters.

According to media accounts, it took a truly heroic effort, but Santa Monica’s bravest were able to save a 10-year-old dog from certain death last week.

Nalu, a Bichon Frise/Shih Tzu mix belonging to a Santa Monica woman, lost consciousness and was in grave danger when firefighter Andrew Klein found him trapped inside her burning apartment.

The drama continued outside, where Klein and another firefighter administered emergency medical treatment. Working together, it reportedly took them 20 minutes to revive the little dog.

Within a couple of days after his ordeal, Nalu seemed to be well on the road to recovery.

“He was essentially dead, so to see him kissing people and walking around wagging his tail was definitely a good feeling,” Klein told the media.

“He’s very happy, and we’re very happy, too.”

For what it’s worth, so am I.

Rhode Island might follow Alaska’s lead on pet custody

Posted on March 24, 2017 by alexb2448

A few months back, Alaska became the first state where courts are instructed to consider the pet’s well-being in divorce cases in which custody is an issue.

The question then became, which state or states, would follow suit. And the answer is… Rhode Island.

Of course, it’s not a done deal, yet. But if everything goes according to plan, it will be.

Rhode Island’s pet custody bill

As proposed, an Act Relating to Domestic Relations — Pets — Custody, would amend existing state laws by adding a new section pertaining to the custody of pets. It specifically directs courts to “consider the best interests of the animal” when “awarding possession of a domestic animal in a divorce or separation proceeding.”

The bill’s co-sponsor, Rhode Island State Rep. Charlene Lima, recently told The New York Times that she planned to “introduce specific guidelines to be considered, such as which spouse most cared for the animal and took it to the vet, and whose lifestyle was best suited to pet ownership.”

Lima added that she hopes the measure, if passed, will help protect innocent animals from human vindictiveness.

“A lot of time I think it’s used as retribution,” Ms. Lima told The New York Times. “People can get really vicious in divorces, and using emotional attachment to a pet is something they can use to gain leverage.”

When people are at their worst, pets lose

If the findings of a 2014 survey cited in The New York Times article are any indication, Lima’s assessment is right on target.

More than a quarter of the participants in the American Academy of Matrimonial Lawyers (AAML) survey acknowledged “an increase in the number of couples who have fought over the custody of a pet during the past five years.”

More than 20 percent of the participants “said that courts are more frequently allowing pet custody cases,” and 20 percent acknowledged “an increase in courts deeming pets to be an asset during a divorce.”

As Maria Cognetti, president of the AAML at the time, noted, “far too many spouses attempt to initiate these disputes as a negotiating strategy, often believing that they can use the animal as a kind of bargaining chip. This tactic is usually not effective and can come back to ‘bite’ the antagonist throughout the divorce process.”

In other words, don’t try to make your dog, cat or any other pet a pawn in your divorce. Because there’s no law in Rhode Island… yet. And if you don’t live in Alaska, the court doesn’t have to take your pet’s best interests into account. Legally, it can just treat your pet like any other piece of personal property. And if that’s the case, you won’t like the outcome. And your pet will pay the price.

Yes, pot really can kill your pet

Posted on March 23, 2017 by alexb2448

As long as it exists, it will cause controversy. Is it a gateway drug or a cure for all that ails us? Should it be legalized — or not?

One thing is for sure. Marijuana might not kill you. But it can kill your dog.

Finn’s brush with death

According to published reports, Finn, a boxer-blue heeler mix almost died after eating a cookie that had marijuana in it.

Apparently the pup inadvertently got a hold of the pot-laced pastry at a party a few months back. His owner, Candace Braden, found him in obvious medical distress the next morning and rushed him to the vet.

“I was pretty much having a nervous breakdown,” Braden told the media. “It’s really scary to see your baby like that.”

Fortunately, the vets were able to induce vomiting, and Finn made a full recovery.

Large doses are lethal, fatalities are rare

According to media accounts, large amounts of marijuana are lethal for dogs because of the way the drug affects them.

“The lethargy and fogginess that might make a pot brownie fun for a human can render a dog incapable of basic functions. In rare cases … a dog can undergo gradual paralysis and die,” according to published reports.

Even so, fatalities are uncommon. And in some cases, when it is administered properly, medical marijuana can help dogs and cats that are suffering from certain ailments.

However, and this is important, the medical marijuana created and prescribed by some vets has a different chemical composition than “ordinary” marijuana. Specifically, it has less THC, the agent that causes the “high” in both people and animals.

Better safe than sorry

As we all know, medical marijuana can help people, too.

But the bottom line is that our pets often have a knack for getting into trouble. Hell, my cat, Healsie, ate rubber snake once. And Eli would eat an entire spider plant if I let him. So I guess it’s a good thing we don’t live in Colorado.

According to published reports, “veterinarians at Fort Collins Veterinary Emergency and Rehabilitation, about 60 miles north of Denver, see between five and 10 cases per week of marijuana toxicity in dogs.”

The Colorado media also “cited a 2012 study in which researchers found a positive correlation between marijuana toxicity cases in dogs and medical marijuana licenses in the state.”

No matter where you live, if you have pets, please safeguard all of your medication. And if you choose to use marijuana for other reasons, make sure you keep it somewhere out of Fluffy or Fido’s reach.

After all, it’s better to be safe than sorry.

ASPCA vet offers insight into forensic veterinary science

Posted on March 13, 2017 by alexb2448

Sometimes, the most interesting information on the Internet can be found in another blog. So when I came across this Q&A on the American Society for the Prevention of Cruelty to Animals (ASPCA) website, I thought it was definitely worth sharing.

In the post, the ASPCA’s director of veterinary forensics shared a glimpse into the world of forensic veterinary science and explained its importance.

Animal CSI

I suppose you could think of it as crime scene investigation in animal cruelty and similar cases. Of course, that’s not what Dr. Rachel Touroo said. But I think it’s the best way to sum up what she does.

Here’s how she explained it.

“A Forensic Veterinarian’s job is to identify, collect and assess evidence from animals and their environment. I use veterinary medical knowledge to put together the pieces of a puzzle to try to answer the questions asked of me by law enforcement and the courts in an unbiased and objective manner.”

Because her responsibilities are so varied, Touroo said she faces different challenges every day. One day she might be in the lab, the next day she might be in the field and the day after that she might be teaching.

“Frequently, I can also be found in my office drafting a forensic veterinary statement of my findings from the latest case, or in a classroom teaching third-year veterinary students how to look for signs of intentional cruelty,” Touroo said. “I’m also called upon to testify as an expert witness in cases across the country.”

Rewarding and important work

Touroo has a background in “animal welfare” and got involved in forensic veterinary science when she took a brand new job in Virginia. As she recalls, the state needed a veterinarian to “specifically address puppy mills and animal fighting in the state due to recent undercover puppy mill investigations and a highly publicized dog fighting case.”

“I had no idea what veterinary forensic sciences was when I accepted the position, but I quickly found myself immersed in the discipline,” Touroo said.

For Touroo, the work is rewarding and important. Citing the link between violence committed against animals with violence committed against people, Touroo says by doing her job properly she can not only prevent further cruelty to animals but keep people safe, too.

“While I love what I do, it is disheartening to know this job is necessary. I choose to focus on the impact we have and the positive outcomes. It’s incredibly uplifting to see an animal rescued from abuse and neglect find a loving home,” Touroo says. “If I had my way, I would put myself out of work, but until that time comes, I’m proud to be a voice for these victims.”

Good news about animal adoption from the ASPCA

Posted on March 10, 2017 by alexb2448

We’ve all seen them. In fact it seems like they flash across our TV screens all too often. It’s hard to ignore those heartbreaking images of abused and neglected dogs, cats, puppies and kittens.

We’ve all heard the pleas from the American Society for the Prevention of Cruelty to Animals (ASPCA) and similar animal rescue groups. Make a donation. Sponsor a pet. Adopt don’t buy. Do the right thing.

But recently the ASPCA shared some good news on TODAY. People across the country are actually heeding the call. They’re doing the right thing.

More new homes, fewer deaths for shelter animals

New ASPCA data reveals that the number of dogs and cats that end up in U.S. shelters has dropped significantly in the past six years. Specifically, the animal welfare organization says the number of dogs and cats American shelters is approximately 6.5 million (3.3 million dogs and 3.2 million cats). Back in 2011, the total number of dogs and cats in American shelters was roughly 7.2 million.

Cute Kitten, courtesy of FURRR 911. Photo by A. Bogdanovic — Bolt, a kitten rescued by FURRR 911, at Puttin’ On The Dog & Cats, Too 2016. Photo by A. Bogdanovic

The good news doesn’t end there, however.

More people are adopting pets from shelters now than they did six years ago. The ASPCA estimates that 3.2 million dogs and cats are now adopted from shelters each year, as opposed to 2.7 million in 2011.

Better yet, fewer shelter are animals are being euthanized. The ASPCA’s data analysis back in 2011 revealed that 2.7 million unclaimed shelter animals were killed each year. Today the annual death toll stands at roughly 1.5 million.

Finally, the ASPCA says, more “lost” pets that end up in shelters are reunited with their rightful owners today than in the past (approximately 710,000 per year now as compared to 649,000 in 2011).

Awareness plus action equals success

The ASPCA attributes the success to:

A significant change in the way Americans view companion animals
Changes in adoption procedures
Changes in certain laws
Changes in technology
Greater availability of affordable spay/neuter clinics
More assistance for people who struggle to care for their pets

Pet ownership is a responsibility, not a right

Clearly the reduction in the number of euthanized shelter animals is a huge step in the right direction. But there is still a long way to go until we get to the point where there are no needless deaths.

Finding a humane way to curb the feral animal population in the United States is also an ongoing concern.

In order to address both issues, people must realize that pet ownership is a responsibility. It is not a right. No one is entitled to have a dog, cat, puppy or kitten. In fact, there are some people who should never have dogs, cats, puppies, kittens, or any other pets, for that matter.

Companion animals rely on people for food, shelter, medical care, and most importantly, love. Providing all of that is a tremendous responsibility. But it’s worth it.

Federal appeals court sides with New York City on pet law

Posted on March 8, 2017 by alexb2448

By siding with New York City regarding a 2015 law that restricts pet sales, the U.S. 2nd Circuit Court of Appeals took a big step towards protecting dogs, cats and their owners.

According to recent reports, the law opposed by the New York Pet Welfare Association “said pet shops could only obtain dogs and cats from federally licensed breeders with clean recent animal welfare records, and could not sell dogs and cats at least eight weeks old and weighing two pounds unless they were sterilized.”

Proponents say the law promotes the sale of healthy dogs and cats. By stipulating that pets are spayed or neutered before they are sold, it helps ensure that they don’t add to the number of unwanted dogs and cats in the city by having puppies and kittens.

Two for two

The New York Pet Welfare Association (NYPWA) — which represents those most affected by the measure — has voiced strenuous objections, however. Specifically, it claims the 2015 law “unconstitutionally burdened commerce by favoring in-state animal rescuers and shelters over out-of-state breeders, and was pre-empted by state veterinary medicine laws.”

At the end of a 29-page document in which he summarized and analyzed the arguments made by both parties, Judge Edward Korman found the New York Pet Welfare Association’s claims lack merit.

“The Sourcing and Spay/Neuter Laws address problems of significant
importance to the City and its residents. It appears that the City has enforced them for more than a year, with no apparent ill effects,” Korman wrote. “Because the challenged laws are not preempted by either state or federal law, and do not offend the Commerce Clause, we Affirm the district court’s order dismissing NYPWA’s complaint.”

The U.S. District Court for the Eastern District of New York also sided with the city in a ruling issued two years ago.

Undaunted, the NYPWA is now considering another appeal. In the meantime, as a spokesman for New York City’s Law Department told the New York media, proponents are savoring their second victory.

“We are pleased that the court upheld this common sense legislation, which helps ensure that cats and dogs are humanely sourced and that consumers can make informed choices when bringing pets into their homes,” Nick Paolucci told Reuters.

Hartford reaches settlement with owners of slain St. Bernard

Posted on March 3, 2017 by alexb2448

Eleven years ago, a couple of cops shot and killed a St. Bernard because it growled at them. And they did it in front of a little girl.

This wasn’t a pit bull or a Rottweiler or a Doberman. It was a St. Bernard. And no, it wasn’t Cujo. It was a family pet. And the cops shot it in front of a little kid.

To me there is no excuse. There is no justification. And there is not enough money in the world to make up for what they did.

But recently, after a lengthy court battle, the Harris family finally got justice for themselves and Seven, their slain St. Bernard. Specifically, the Connecticut city of Hartford reached a settlement with the family and agreed to pay them more than $800,000, which “includes damages and legal costs.”

To me an apology would have meant more. But in my opinion, a man who is capable of shooting a dog in cold blood isn’t capable of the human decency, much less the compassion and humility necessary to make a proper apology.

Paws up, don’t shoot!

Police claim Seven “growled” and “sprinted at them” when they showed up at the Harris house without a warrant in 2006.

According to news reports, Sgt. Johnmichael O’Hare and Sgt. Anthony Pia went to the residence after a gang member told them that ” two guns were stashed in an abandoned car in the backyard of (Glenn) Harris’ home.”

The officers didn’t find what they were looking for and were about to leave the yard when Seven acted on instinct. That’s when O’Hare shot and killed him.

According to published reports, “Harris’ daughter, who was nearby, claimed she saw O’Hare put the third bullet in Seven’s head, and that he then told her: ‘Sorry Miss. Your dog isn’t going to make it.'”

See you in court

Glenn Harris took matters into his own hands in 2008. That’s when he filed a lawsuit against the officers alleging constitutional violations and intentional infliction of emotional distress.

But as we all know, the wheels of justice turn very, very slowly. In this case it was four years from the time Harris filed the suit until a jury returned its verdict. When it did, it sided with the cops.

Luckily the story didn’t end there.

In 2012, the 2nd Circuit Court of Appeals in New York revisited the matter. And it reached a different conclusion. Specifically, Judge Rosemary Pooler found that the officers did nothing wrong when they followed up on the tip, However she also said they did not have the right to set foot on the property without a warrant.

If only the cops had figured that out in the first place…