Louisiana Pet Lawyer

Pet Health Insurance: Worth It?

The Wall Street Journal recently published results of their tests of several pet health insurance companies. Their findings in brief:

Buying pet insurance, we learned, is a crapshoot -- just like any other policy. The occasional benefits checks we received seemed to take the edge off veterinary expenses. But we soon realized that our premiums could ultimately cost more than veterinary care over our pets' lives. For example, one of our policies would cost about $4,200 over 10 years. Pre-existing conditions are generally excluded in policies. So insuring our pets in their infancy, before those ailments developed, could have helped offset bigger bills as our pets grew. We'd consider buying a policy for breeds prone to specific health problems -- such as pugs, who often suffer eye conditions.

Read the article here. Subscription may be required.

Pet Care, pet law

Landlords and Pets Can (and should) Mix

"I just can't keep him. My new landlord won't allow pets."

This is one of the most common reasons for leaving a pet at a shelter, but it doesn't have to be that way. If more rental housing permitted pets, millions of dogs and cats could stay with their families when their guardians move. Allowing pets can make "cents" for landlords. Here a just a few reasons why:

1. Attract more potential residents. Almost 50% of renters have pets. You can increase the marketability of your property by allowing pets.
2. Longer occupancy. Once a pet guardian finds a pet-friendly rental property, they are more likely to stay put.
3. Responsible residents. Pet guardians whose pets are well cared for also make good neighbors. Because they know that pet-friendly housing is scarce, responsible pet owners generally strive to abide by all housing rules, even those not related to pets.
4. Goodwill. Research shows the many benefits people get from sharing their lives with pets. Allowing pets at your property will not only help your residents, but will help you and your company by generating a positive public image.

If you are a landlord considering allowing pets, check out the resources on the HSUS website. They have a collection of resources, including a sample pet lease addendum to guide you.

Source for post: www.rentwithpets.org (Humane Society of the United States)

Pet Trust Statutes

Virginia recently became one of 38 states that have pet trust statutes. For a complete list, click here.

There are two types of pet trusts. A statutory pet trust, like the one authorized in Virginia, is a very basic trust that does not require the pet owner to make many decisions regarding trust details. Instead, state law will fill in the gaps. Another type of pet trust is the "traditional" pet trust which is available in any state. Many pet owner's prefer this type of trust because it allows them to control many facets of the pet's care. Read more about it here.

For a list of FAQ's regarding pet trusts, click here.

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Insurance Options for Veterinarians

A variety of insurance options are available to help you and your clinic avoid a financial set back in the case of a claim against you or the clinic.

• Worker's Compensation - Most states require some type of worker's compensation coverage. It applies to both employer and employee in cases of on-the-job accidents. Keep in mind that some states require coverage for contract labor such as groomers.
• Employment Practice Liability - Protects the employer from employment-related lawsuits, such as discrimination or wrongful termination.
• Disability and Life Insurance - Practice owners should consider both to provide for protection in the event of death or disability. Some disability policies offer coverage for clinic overhead in addition to personal disability coverage.
• Professional Liability - Protects against professional malpractice claims. Some policies also cover certain staff members.
• Animal Bailee - Liability coverage extended to situations that are not malpractice, but an animal dies while in the vet's custody, care or control. For example, if one dog bites another.

A good insurance agent can help guide you through the various options. Also, check out resources such as the AVMA website.

Source for post: Veterinary Practice News, September 2006

Technorati Tags: Pet Care Business, Pet Contracts, Pet Law

Provisions for a Pet Custody Agreement

If you get a divorce or separate, who will be the primary guardian for your pet? How often will the other person get to visit your pet? When a couple splits, they often disagree about who will care for their pets. Recently, courts have become more likely to consider pets as part of a divorce proceeding, but the law is unclear. So, it is a good idea for pet guardians to draft an agreement that details their wishes regarding care of their pets in the event of separation or divorce.

Some sample provisions for a joint/shared custody arrangement might include:

• Both parties will have joint custody of the pets
• The pets will spend approximately one-half of his/her time with each guardian
• Each guardian will pay the entire cost of daily expenses when the pet is with each one
• Each guardian will pay one-half the costs of veterinary bills, pet health insurance and other extraordinary expenses
• All major decisions regarding the physical location, support and veterinary care of the pets shall be made by them jointly
• Each guardian agrees that disputes under the agreement will be settled by mediation
• Each guardian will make a good faith effort to stay in their current community and will not move without the written consent of the other

These are just a few examples. A comprehensive agreement between the guardians can prevent disputes and help to resolve them if they come up.

Technorati Tags: Pet Care, Pet Contracts, Pet Custody, Pet Law

Choosing a Structure for Your Pet Care Business - Series - Part 3

The Basic Steps for Forming an LLC or Corporation

The rules governing LLCs and corporations are state-specific. The following discussion focuses on the law in Louisiana. Other state’s laws may be similar. This is just an overview of the process.

How to Form an LLC

1. Decide on a name. The name of your business must be unique. The name must contain the words "limited liability company", the abbreviation "L.L.C.", or the abbreviation "L.C." For more information about the name, take a look at L.A. R.S. 12:1306. Your state's LLC office can tell you how to check if your proposed name is available for use. In Louisiana, go to the Secretary of State Corporations Database to search the list of names already taken.
2. File the articles of organization. Prepare and file the Articles of Organization with your state's LLC filing office, which is the Secretary of State in Louisiana. This document contains basic information about the LLC. You can download the form from this page.
3. Draft an Operating Agreement. This agreement provides rules for the operation of the business. It may include provisions regarding the owners’ percentage interests in the business, their rights and responsibilities, and voting.
4. Find out if you require licenses and permits and apply for them. Before you begin doing business, you need to obtain the required licenses and permits. In Louisiana, you can take advantage of the Secretary of State’s, First Stop Shop, to learn about the permits you might need.

How to Form a Corporation

1. Choose a name. Again, the name must be unique. Access the Louisiana Secretary of State Corporations Database to search for names already taken. The name must include “Corporation", "Incorporated" or "Limited", or the abbreviation of any of those words, or may contain the word "Company" or the abbreviation "Co." if the latter word or abbreviation is not immediately preceded by the word "and" or the symbol "&". See L.A. R.S. 12:23 for other rules regarding the corporation name.
2. File articles of incorporation. This document contains basic information about the corporation and is filed with the secretary of state or your state's filing office. You can download the form from this page.
3. Draft By-laws. This document contains the governing rules of the corporation, such as voting requirements, when and where meetings are held and corporate officer responsibilities.
4. Appoint a Board and Have a Meeting. Appoint a board of directors and have the first meeting. At first meeting, the directors adopt the by-laws, appoint officers, authorize the issuance of shares of stock, and make other preliminary decisions.
5. Issue stock. Issue shares of stock to the owners of the corporation.
6. Find out if you require licenses and permits and apply for them. As with an LLC you need to obtain the required licenses and permits before doing business. In Louisiana, you can take advantage of the Secretary of State’s, First Stop Shop, to learn about the permits you might need.

Technorati Tags: Pet Care Business, Pet Contracts, Pet Law

Choosing a Structure for Your Pet Care Business - Series - Part 2

LLCs and Corporations

Corporations and LLCs are similar to each other in that they limit the owners’ personal liability for business debts. This makes them different from sole proprietorships and partnerships in which the owners are personally responsible for business debts. They are also different in that you must do more than just start the business to form an LLC or corporation.

An LLC is not a separate legal or taxable entity. The owners still report their share of business income on their personal income tax returns. LLCs require registration with the state, annual fees, an operating agreement and other formalities.

A corporation is an independent legal and taxable entity. This means that the business is legally separate from the people who own and manage it. The owners of the corporation don't report business income on their personal tax returns. Instead, the corporation itself files an income tax return. However, the owners do pay personal income tax on salary they earn from the corporation. Corporations require registration with the state, annual fees, by-laws, issuing stock, regular meetings and other formalities.

An LLC or corporation might make sense for pet care service providers who:

• Have a higher risk of being sued by customers
• Operate out of a place of business, such as a boarding kennel
• May have large business debts
• Have substantial personal assets they wish to protect from business debts

One of these business structures may be appropriate for veterinarians, grooming shops, boarding kennels, breeders and doggie day care centers.

Next up: How to Form an LLC or Corporation

Technorati Tags: Pet Care, Pet Care Business, Pet Contracts, Pet Law

Choosing a Structure for Your Pet Care Business - Series - Part 1

Whether you are just starting out in the pet care business or you have been in business for some time, it’s a good idea to be familiar with the options for how you can structure your business. We’ll take a look at the common business structures, their advantages and disadvantages, and how to form them in a series of posts.

First you need to have an idea of the various options. The most common options are:

• Sole Proprietorship
• Partnership
• Limited Liability Company (LLC)
• Corporation

Sole Proprietorship and Partnerships

Many new businesses start out as a sole proprietorship. This is a one-person business that is not registered with the state. You just start running your business and that’s it. Under the law, the owner and the business are treated as one person. This means the owner reports business income on her personal return. It also means that the owner is personally liable for business-related debts.

A partnership is a similar structure, but has two or more owners versus one. You and your partners simply start up the business. A share of the business income is reported on each partner’s individual income tax return. Each partner is liable for debts of the business.

These structures are a good choice for small service-oriented businesses that don’t have much risk of being sued, don’t have a physical place of business and don’t borrow much money. For example, they might make sense for a dog walker or two pet sitters working together.

Next up: An Overview of LLCs and Corporations

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Pet Health Insurance

If you've taken your pet to the vet lately, you may have been surprised at the bill. As veterinary medicine advances, new procedures and medications used for pets are driving up pet health care costs. If you are faced with rising vet bills, you may want to consider pet health insurance. Click here to read more about it.

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Pet Sitting Contracts

With the summer vacation season here, you may be considering using a pet sitter to care for your pet while you are gone. Pet sitters typically care for your pet in your home by visiting them to feed, walk and socialize with them. They may also perform other duties, such as collecting your mail and paper. Many pet owners find this option preferable to boarding.

At minimum, your pet sitter should be bonded and have excellent references. The pet sitter should be eager to meet with you and your pet before you leave and should interact positively with you and your pets on the visit. Many pet sitters also belong to national organizations such as the National Association of Professional Pet Sitters, which provides a certification program for pet sitters.

You and your pet sitter should enter into a written agreement which covers items such as:

• Your contact information while away
• Contact information for your vet
• Contact information for a neighbor, family member or other person who is familiar with your pets and your house
• Dates, frequency and length of visits
• Food, medication, grooming and exercise
• Back up plans in case of an emergency involving your pet, home or the pet sitter
• Compensation for the pet sitter
• Additional duties such as collecting the mail and paper, watering plants, turning lights on and off, etc.

You and your pet sitter should sign the agreement and retain copies. Reputable pet sitters will welcome signing a written, detailed agreement that protects you, your pet and the pet sitter.

Technorati Tags: Pet Care, Pet Law, Pet Lawyer, Pet Contracts