Pet Estate Planning - Libby Deege

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You don't have to be Leona Helmsley to want the best for your pet after you die. She'd left her dog Trouble $12 million when she passed away in 2007. A judge cut the award to $2 million and awarded some of the money to her grandchildren, but the Maltese still lived a life of luxury until his death in December. The dog's passing was just announced this month by the Helmsley trust.

Pet estate planning has grown since Helmsley's will made headlines. Today there are retirement homes for pets all across the country, and at least 45 states allow for pet trusts. A pet trust is an agreement that specifies how an owner wants a pet to be cared for, including details on who will be responsible for the animal and how the care will be paid for.

There are also attorneys who specialize in pet trusts, along with how-to books like "Who Will Care When You're Not There?" by tax attorneys Robert E. Kass and Elizabeth A. Carrie, "Fat Cats and Lucky Dogs" by law professor Gerry W. Beyer and estate planner Barry Seltzer, and "Petriarch: The Complete Guide to Financial and Legal Planning for a Pet's Continued Care" by animal attorney Rachel Hirschfeld.

Hirschfeld wrote a pet protection agreement that is legally binding and can be found online for as little as $39. Companies like Trusted Pet Partners, founded by attorney Chris Jones of Santa Barbara, offer a simple online pet trust for $289. Other online resources include a free planning guide from the Humane Society of the United States called "Providing for Your Pet's Future Without You" at http://www.humanesociety.org/petsinwills.

Exactly how many pets are abandoned after their owners die is unknown, says Richard Avanzino, former president of the San Francisco Society for the Prevention of Cruelty to Animals, but his best guess is 2 percent of surrendered animals, or 150,000 dogs and cats a year. A study from the late 1990s published in the Journal of Applied Animal Welfare Science found 1 percent of dogs and 1.5 percent of cats coming into 12 animal shelters had been surrendered because of owner death.

In 1979, Avanzino went to court to prevent the euthanization of a dog whose owner, Mary Murphy, had committed suicide. Murphy left a will instructing that her 11-year-old dog Sido be euthanized.

"She didn't think anybody else could take care of her in the same pampered, loving way," said Avanzino.
A judge ruled disposal of personal property does not extend to killing a living creature.

"People from the grave cannot dictate the demise of their beloved pets just because they are not around to take care of them," Avanzino said.

Murphy's case prompted the San Francisco SPCA to set up one of the nation's first sanctuaries for pets who outlive their owners.
A few veterinary schools offer estate planning options like lifetime care for pets and placement in a home. The Stevenson Companion Animal Life-Care Center, established by the Texas A&M College of Veterinary Medicine, offers a place for pets to live in addition to veterinary care. The Stevenson Center in College Station, Texas, currently houses 20 cats, 15 dogs and a llama, said Ellie Greenbaum, assistant to the director. They also have 377 animals from 20 states registered as potential residents. The fee for lifetime care is between $50,000 and $100,000 per pet, with any leftover funds donated to the center or the college.

But lifetime pet care arrangements don't always cost that much. Blue Bell Foundation For Cats in Laguna Beach, Calif., charges $6,500 for lifetime care for cats. The organization was founded by Bertha Gray Yergat, who wanted to ensure care after her death for the 200 cats she'd rescued. Yergat left about $1 million in assets, said Susan Hamil, chairwoman (and original member) of the foundation's board of directors. The organization now houses 50 cats.

One big problem is making sure trusts are written so that the pets and funds can be turned over quickly to the designated caregiver or facility. "The need when you pass away is immediate," Hamil said.
 
Most people will choose a friend or relative to take their pets.
 
"Much like an adoption, the goal is to make sure it will be a good match," said Kim Saunders, vice president of shelter outreach for Petfinder.com, an online pet adoption database. "You may love your best friend or family member, but they may not be a dog person." So some people designate an agency to find a new home for the pet.

Some owners leave money to whomever they're entrusting their pet to as a way of making sure the animal does not become a financial burden. Unfortunately, sometimes when large sums are involved, Avanzino said, "greed gets in the way."

In one case, Avanzino said, a cat was to be cared for by a maid and butler who were to get free room and board as long as the cat was alive. "The first time we saw the cat, we estimated it was 8 years old. Four years later, the cat was about 4 and the next time, the cat they brought in and said was the same cat, was estimated to be about 1 year old," he said.

In another case, the owner of a German shepherd left relatives the use of an entire estate as long as the dog lived. "They kept it alive almost two years on life support. The dog was totally incapable of moving," Avanzino said.

USA Today: Most Baby Boomers lack a plan to care for parents

A majority of Baby Boomers say they are likely to become caregivers for their parents, but only half can name any medications their parents take, a new survey shows

The survey of 600 adults ages 45 to 65, conducted for the Home Instead Senior Care network, also found:
•31% don't know how many medications their parents take.
•34% don't know whether their parents have a safe deposit box or where the key is.
•36% don't know where their parents' financial information is located.

"The majority of caregivers we work with have done no advance planning,'' says Jeff Huber, president of Home Instead Senior Care, a company that provides non-medical care services. "It is not important until it's urgent. So much stress and uncertainty down the road can be prevented."

Lack of planning can lead to serious complications when decisions need to be made quickly, says palliative care nurse practitioner Mimi Mahon, an associate professor at George Mason University in Virginia. "It's vitally important to plan ahead and have these conversations with parents, or families can act out of fear and make mistakes when emergencies arise."

Prescription drugs are of particular concern. In the survey, 49% couldn't name a single drug their parents took. Ask parents about their medications and, if necessary, do research, experts say. Find out the dose, what it's for, who prescribed it and why. People 65 and older account for about a third of all medications prescribed in the U.S., according to the National Institutes of Health, and older patients are more likely to have long-term and multiple prescriptions, which could lead to unintentional misuse.

"It's kind of a never-ending process for caregivers," says Sandy Markwood, head of the National Association of Area Agencies on Aging, part of the Department of Health and Human Services. "It gets further complicated when there is more than the family practitioner. A parent might have several specialists. It's a lot for a caretaker to keep up."

Markwood says the Administration on Aging, also under HHS, has been encouraging better record-keeping by seniors and stronger communication between seniors and caretakers since Hurricane Katrina. "Then you had a situation when seniors were evacuated without their medications and no one knew what medications they were on," Markwood says. "Doctors had to start from scratch."

One must-have answer for caretakers: What drugs can parents go without and which ones must be taken on schedule. For instance, blood pressure and anti-depressant medications cannot be missed, Mahon says.

The bottom line, she says, is being a staunch advocate for your parents' health care starts with "having conversations and putting plans in place."

Alzheimer's - Sundowning: Libby Deege

Sleeping problems experienced by individuals with Alzheimer’s and caregiver exhaustion are two of the most common reasons people with Alzheimer’s are eventually placed in nursing homes. Some studies indicate that as many as 20 percent of persons with Alzheimer’s will, at some point, experience periods of increased confusion, anxiety, agitation and disorientation beginning at dusk and continuing throughout the night.

While experts are not certain how or why these behaviors occur, many attribute them to late-day confusion, or “sundowning,” caused by the following factors:
•end-of-day exhaustion (mental and physical)
•an upset in the “internal body clock,” causing a biological mix-up between day and night
•reduced lighting and increased shadows
•disorientation due to the inability to separate dreams from reality when sleeping
•less need for sleep, which is common among older adults

Tips for reducing evening agitation and nighttime sleeplessness
•Plan more active days. A person who rests most of the day is likely to be awake at night. Discourage afternoon napping and plan activities, such as taking a walk, throughout the day.
•Monitor diet. Restrict sweets and caffeine consumption to the morning hours. Serve dinner early, and offer only a light meal before bedtime.
•Seek medical advice. Physical ailments, such as bladder or incontinence problems, could be making it difficult to sleep. Your doctor may also be able to prescribe medication to help the person relax at night.
•Change sleeping arrangements. Allow the person to sleep in a different bedroom, in a favorite chair or wherever it’s most comfortable. Also, keep the room partially lit to reduce agitation that occurs when surroundings are dark or unfamiliar.

Nighttime restlessness doesn’t last forever. It typically peaks in the middle stages, then diminishes as the disease progresses. In the meantime, caregivers should make sure their home is safe and secure, especially if the person with Alzheimer’s wanders. Restrict access to certain rooms or levels by closing and locking doors, and install tall safety gates between rooms. Door sensors and motion detectors can be used to alert family members when a person is wandering.

Once the person is awake and upset, experts suggest that caregivers:
•approach their loved one in a calm manner
•find out if there is something he or she needs
•gently remind him or her of the time
•avoid arguing or asking for explanations
•offer reassurance that everything is all right and everyone is safe