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During Health of an Owner

Page history last edited by Neil Hendershot Esq 7 years, 7 months ago


DURING HEALTH OF AN OWNER:

 

 Owner Interaction with Pets

     There is a movement to integrate pets into the life of in-patients and institutionalized residents.   Interaction with pets results in physical and psychological benefits to residents of care facilities.[1]  Periodic pet visitations to in-patients already occurs in hospitals under controlled circumstances through specialized collaborative programs, often involving volunteers.[2]  Of course, structured pet visitation programs and facility pet policies must take into account potential health and safety risks that animals introduce into a communal environment.[3] 

 

     For long-term institutionalized residents, a similar approach is a "community visitation program" involving pets.[4]  Examples of such programs exist in Pennsylvania  -- the"Animal Assisted Therapy" program of the American Red Cross of the Susquehanna Valley, in Lititz, Lancaster County, Pennsylvania, and the KPETs program in Lancaster County.[5]  Similar pet visitation programs benefiting long-term residents continued in operation even in the wake of devastating national disasters.[6] 

 

     The presence of pets may be integrated more into nursing home life in the future, along with many other elements of routine life intended to reproduce a home or town atmosphere for residents.[7]   One such example is the Silverado Senior Living Center, in Escondido, California, which maintains eleven dogs, four cats, numerous rabbits, and plant life in the residential environment of its ninety patients suffering from Alzheimer's disease.[8]  

 

     Individual arrangements to maintain human-animal contact will require attention to the terms of an institution's admission contract.  If a pet will accompany a resident into a care facility, if a pet would visit a resident frequently, or if a pet might become an option for occasional in-room companionship, the facility's positions on pets and related charges would be important, and should be reviewed prior to admission.[9] 

 

     A position paper posted by the Bazelon Institute and the former Delta Society (now Pet Partners) advocated that federal fair housing laws should be applied to insure non-discrimination against a resident relying on an "emotional support animal" in an institution.  Such a characterization should be made formally and disclosed to the institution upon admission.[10]  Otherwise, principles of law affecting a residential tenant, like apartment dwellers, should apply to long-term care dwellers, except that the remedies available to an elderly tenant may be more limited and costly, and the effects of eviction more life-threatening.  An amendment to a lease or residence agreement could address special concerns of a pet owner.[11]

 

Pet Care Standards

 

     A critical question for a bailee or a fiduciary possessing a pet is: What standards should govern its maintenance and care?  A temporary custodian, an executor, a trustee, a guardian of property, or an agent under a power of attorney should know the answer to this question in order to protect and preserve a pet and to maximize the benefits to its human companion.

 

     There are many resources that offer guidance in addressing this question.[12]  Nationally-recognized organizations, such as the Humane Society of the United States,[13] the American Society for the Prevention of Cruelty to Animals,[14] and the American Pet Association[15] maintain informative websites or offer online pamphlets with extensive pet care guidance.  For example, the American Animal Hospital Association (AAHA) recommends that a pet owner provide a safe environment, quality diet, exercise, and adequate veterinary care for a pet.[16]

 

     Many concerns for the safety of a pet parallel those for the safety of a disabled elderly person.  These include attention to poisonous substances (like pesticides) and medications, electrical and fire hazards, and dangerous household objects.  However, other safety concerns are specific to animals.  Some of  the practical tips for pet health may surprise a non-owner who may be charged with the care of a pet.[17]  For example, veterinarians now offer "elder care" for pets, pursuant to AAHA guidelines published in March, 2005.  Its "Senior Care Guidelines for Dogs and Cats" provide a framework for veterinarians dedicated to enhancing the well-being of "senior" pets, which are pets in the last 25 percent of predicted life span for their species and breed.[18]

 

Informing and Authorizing Others to Care for Pets 

 

     A pet owned by a person who becomes ill or disabled presents an immediate concern.  To minimize danger to others who enter a pet owner's premises, and also to provide notice as to the presence and needs of a pet in a residence, AAHA and other pet organizations recommend that pet owners take basic steps to communicate their ownership and the needs of their pets to others.[19]   The pet care information should include animal identification, emergency contacts, veterinarian services, and special circumstances or health problems of the animal.  Due to recent disasters in America that stranded or released many pets from their owners, the topic of "Emergency Pet Preparedness" receives more attention and advocacy lately.[20]

 

     Animals are described most easily by species, breed, and physical characteristics.  Reference can be made to acquisition papers or other personal records regarding the pet.  Further identification of the animal can be made by tattoos, implanted microchips, or DNA test results.  An owner's pets could be described also as a type or class of property, such as "those companion animals owned, located or maintained at my primary residence or with me" at the time of the operative event, such as disability or death

 

     Instructions for care of pets should not be too detailed, according to the AAHA.  Interested and qualified successor pet caretakers should be considered when providing such instructions. The selection by a pet owner of a pet caretaker, who is granted authority to act in an emergency or for a longer term, is as personal and important as selection of a fiduciary for funds.  For a pet owner, it may be likened to selection of a guardian of children.  Often the arrangement will succeed only if the right person is chosen for the role.[21]

 

     Pet care instructions and authorizations for pet care can be found online, in legal form books, or in software offering generic forms identified as a "pet care agreement".[22]

 


[1]  See, e.g., The Role of Pets in Nursing Homes and Psychotherapy and Psychotherapy, by Ghislaine Godenne, M.D., Maryland Psychiatric Association's Newsletter, Vol. 27, No. 3; Pg 5-6 (Spring, 2001); Do Plants or Pets Offer the Most Therapy for Older People? (2005), a study performed by Dr. Sherril M. Stone, Oklahoma State University, Department of Family Medicine, Tulsa, OK, published online by the Senior Journal.  For a personal story of pet-love motivating an elderly dementia patient in an assisted living facility, see Pets are the Elderly's Best Friend, by Mary B. Moorhead.

[2]  For example, Massachusetts General Hospital, a teaching medical center in Boston, Massachusetts, began its "Pet Therapy Program" for patients in 2003 in three inpatient units, then expanded.

[3]  See, e.g., Animals in Institutions, published by the former Delta Society (now Pet Partners), as a compilation of sample infection control policies, resource information, journal and popular articles, and conference abstracts for hospitals, nursing homes, corrections facilities, and hospices.

[4]  See Resident Dogs in Nursing Homes, by Neal C. Jennings, who notes:  "A carefully planned and well organized therapy pet-visitation program benefits everyone -- it is beneficial, both psychologically and physiologically, to the residents; provides a marketing asset to the nursing facility; gives the volunteers an opportunity to provide a valuable community service; and lastly, but not least, gives the volunteer pets the opportunity to get out into the community regularly and enjoy the continued and important socialization they need."

[5]  See KPETS website; and Animal Assisted Therapy Brings Love and Companionship, by Jessica Bernstein, a Red Cross volunteer, who noted:  "The program uses the human-animal bond to improve the quality of life for people living in nursing homes and juvenile detention centers. Visiting with animals can ease depression and loneliness and provide welcome changes to established routines. Volunteers report that nursing home residents often became more active and responsive during and after their visits with animals. Volunteers feel the benefits as well."

[6]   A pet visitation program offered by the Visiting Pet Association, located in New Orleans, began in 1987, and was affected in 2005 by Hurricane Katrina, but survives still.  The protection of pets by their owners in a community emergency was noted by the  National Science Foundation, in its Press Release 05-142, dated August 16, 2005, entitled Four-legged Family Members Must Be Included in Emergency Plans.

[7]  For a description of such a residential care facility, hear Reformers Seek to Reinvent Nursing Homes, by Joseph Shapiro, National Public Radio broadcast on June 22, 2005. 

[8]  See Article, Assisted Living: 10 Great Ideas: Pets, Putting and Art, AARP Bulletin (Feb, 2006).

[9]  One consumer checklist of long-term care facility factors for personal evaluation includes the question: "Are pets allowed to reside in the residence?  If so, are there additional fees and or deposits?  If not, are pets allowed to visit?"  See: 5 Reasons to Take Your Pet With You to Assisted Living, by Anthony Cirillo, posted by Caring.com (08/25/2014) 

[10]  See Fair Housing Information Sheet # 6, Right To Emotional Support Animals In "No Pet" Housing.

[11] For an example of a "Pet Policy" see Pet Finders' Sample Pet Policy and Nolo's Smart Landlord's Policies for Pet-Friendly Rentals.  

[12]  For example, see the advice posted by Best Friends regarding pet ownership and care.  One of the best, most recent, compendiums about the human-animal bond and its benefits is published by TIME, entitled Animals and Your Health: The Power of Pets to Heal Our Pain, Help Us Cope, and Improve Our Well-Being (April 29, 2016), introduced as follows: "Our history with pets goes a long way back. While it may not always be the happiest of tales, one thing is clear— we need one another. In a story that has gone from adversarial to one of function, we now have come to view animals as healers. They do more than feed us and serve us; they help us grow socially, emotionally and spiritually."

[13]  See HSUS on Pet Care.

[14]  See  ASPCA on Pet Care.

[16] Established in 1933, the American Animal Hospital Association of  is well-known among veterinarians for its high standards for hospitals and pet health care.  AAHA, with 33,000 member providers, is the only organization that accredits animal hospitals throughout the United States and Canada.  On its website dedicated to pet health, AAHA asserts that the key to effective pet care is a comprehensive veterinarian examination, including lab analysis, heart check, and dental screening.

[17]  The American Animal Hospital Association provides guidance on specific dangers to pets.

[18]  The AAHA's Senior Care Guidelines for Dogs and Cats (2005) were developed to assist veterinary hospitals in offering optimal care for senior pets.

[19] AAHA recommends that pet owners should: Carry a card listing pets, their location, and the names and contact data of emergency pet caretakers; Inform friends and family what should be done for the pets in case of an emergency and who should do it; Tape signs or post stickers at home in windows informing emergency-response personnel that pets reside there; and Post information in a visible place inside the house informing others how to care for the pets in an emergency.

[20]  See: ASPCA's posting on Disaster Preparedness; and Safeco Insurance's posting on  Disaster Planning for Pet Owners: Taking Care of Pets During a Natural Disaster (April 25, 2016)

 [21]  In Leaving Your Pet a Future, AAHA commented: 

Circumstances can change, and these precise instructions could actually limit the caretakers' abilities to care for your animals in some instances. For example, someone who would make an excellent guardian today could become ill and might not be able to care for your pets five years from now. Also, an animal who is very healthy now could require a larger amount of money for veterinary care in the coming years. * * *  You should select both emergency and long-term caregivers for your animals. Emergency caregivers will make sure your animals are safe, healthy, and comfortable for a few hours or days after an emergency, until a long-term care provider can come to get them. They should live nearby and have access to transportation to pick up your pets if necessary. Neighbors are often a good choice to care for your pets in an emergency. Long-term caregivers should have room to care for your pets for an extended period and be capable of making decisions about their health and future. You should have more than one of each type of caregiver, in case someone is unavailable. Both types of caregivers should have keys to your home, feeding and care instructions, the name of your veterinarian, lists of any health problems your pets may have, information about your pets' diets and medication, the contact information for the other caregivers, and information about who you have chosen to care for your pets permanently.

[22] See workbook form posted by 2d Chance 4 Pets.  Other samples of forms can be found online on PInterest. A useful Pet Care Agreement (PDF) is posted online by Dogs On Deployment. 

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