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If the degree of trust in the designated caretaker is
not sufficient to warrant the broad authority granted
to the caretaker-trustee under a statutory pet trust,
then the pet owner should consider establishing a
traditional
legally-enforceable common law trust that will accomplish the
same objectives and eliminate some of the
uncertainties associated with the statutory pet trust,
as discussed above.
Under the common law trust, the caretaker is
considered a contingent beneficiary of the trust – as
long as the pet is living and the caretaker is taking
adequate care of the pet, he or she is a considered a
beneficiary entitled to distributions. The “enforcer”
actually serves as a trustee, with the power of
management over the caretaking funds and the power to
take possession of the pet from one caretaker and
switch it to another person (other than the trustee).
All this may be accomplished without the necessity of
judicial intervention
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