July 23, 2008 - 14:14

Governor signs bill that will legally enforce the pet care instructions of deceased owners

Often, no matter how carefully deceased Californians may have planned for the future care of their pets, those plans are often dishonored or ignored, resulting in the animals being abandoned or turned over to public shelters for care.

But a bill signed into law this week by Gov. Arnold Schwarzenegger will stop all of that.

Authored by state Sen. Leland Yee, (D-San Francisco), SB 685 will guarantee that the instructions found in people's wills as to the future care of their pets will be carried out.

"Pets are an important part of the American family," Yee said in a statement.  "SB 685 will make pet trusts enforceable and assure that the wishes of pet owners are respected."

Jan McHugh-Smith, president of the San Francisco Society for the Prevention of Cruelty to Animals, applauded the legislation.

"This is a great step forward in protecting pets throughout California," McHugh-Smith said. "SB 685 will provide the legal basis to make certain that the careful planning of pet owners is carried out and that pets continue to be cared for and safeguarded even after the passing of their owners."

The law, once it goes into effect Jan. 1, will make pet care instructions legally enforceable. SB 685 addresses the present unenforceability in the administration of pet trusts by removing the discretion of trustees in fulfilling the trust.  The bill also allows courts to appoint a caregiver if the trustee does not wish to arrange for the pet care.

Jeff Mitchell is a PolitickerCA.com Editor and can be reached via email at noreply@politicker.com.

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