Animal-Related Legal Issues

Custody Agreements

Pet Trusts
Statistics show that a majority of Americans share their lives with nonhuman companions. Over two-thirds of dog and cat owners view these animals as family members, often even including them among the list of survivors in other family members’ obituaries. But few people have made estate plans that address the care of these animals. As our population ages, this is becoming an increasingly important matter.

Without an estate plan, companion animals can end up in unsuitable homes or shelters and may even be euthanized. Fortunately, Oregon law provides for companion animal trusts. Such trusts are legally recognized and enforceable instruments that allow a person to set aside a sum of money to care for an animal should they die or become incapacitated. A named trustee oversees management and distribution of funds to a person who agrees to provide feeding, housing, and veterinary care for the animal’s lifetime.

As a law firm committed to protecting animals and their interests, the Law Office of Dane E. Johnson can help you set up an affordable and effective pet trust. It may be uncomfortable to consider death or incapacity, but a plan can help reduce the anxiety. More importantly, an estate plan that includes companion animals can ensure that these family members who might otherwise be forgotten receive the care they need and deserve.

ORS 130.185

(1) A trust may be created to provide for the care of one or more animals that are alive during the settlor’s lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal, upon the death of the last surviving animal. An oral or written declaration shall be liberally construed in favor of finding the creation of a trust under this section. There is a presumption against merely precatory or honorary disposition on behalf of an animal.

(2) A trust authorized by this section may be enforced by a person appointed in the terms of the trust or, if a person is not appointed in the terms of the trust, by a person appointed by the court. A person having an interest in the welfare of the animal may request the court to appoint a person to enforce the trust or to remove a person appointed. Reasonable compensation for a person appointed by the court may be paid from the assets of the trust.

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Animal Cruelty