August 2009

On July 7, 2009, Connecticut Governor M. Jodi Rell signed Senate Bill 650 “An Act Concerning the Creation of a Trust for the Care of An Animal” into law. 

The Connecticut Humane Society has been consistent in urging the creation of pet trust legislation since 1999.  During the 2005 legislative session, the Society proposed legislation, which would legalize the creation of pet trusts to allow pet owners to include companion animals into new or existing estate plans.  The proposal did not meet with success at that time.  Consequently, advocacy for this important safeguard for pets continued throughout the past 4 years.

Taking effect on October 1, 2009, the new law will allow a pet owner to set up an enforceable pet trust to care for their pets.  This will go a long way to ensuring that a person’s beloved companion pet will not be neglected or euthanized if they outlive their owner.

The law stipulates that the owner designate a “trust protector,” whose sole duty is to act on behalf of the animal(s).  A Superior Court or probate court would have jurisdiction over the trust, which would be terminated upon the death of the last surviving animal.  The trust protector will have the right to seek legal action to remove or replace a trustee (the individual overseeing the fund) if the money is not being spent on the intended use.

The Connecticut Humane Society recommends seeking legal advice or contacting the Society about setting up a pet trust.  Also recommended is the creation of a second document that would accompany the trust document and be called a care manual.  This manual would be a complete description of the desired and other lifestyle care wanted for the pet and whether heroic medical care and cost should be obtained and paid for by the trust.

Going forward, the companion animals of Connecticut residents will benefit from the same measure of love and care they now receive, even after the loss of their owner.