Q: My mum is going into long term care after a stint in hospital and is frankly unlikely to return home. She has a lovely little dog but no one in our family can take him in. The local authority have advised they can place him in kennels temporarily. What should we do?
A: If your mum has capacity, this is a decision she can make for herself. If she does not have capacity but has a Lasting Power of Attorney in place for her property and finances, her attorney(s) may want to make a decision instead. It is, however, important to think about the long-term consequences for everyone.
Firstly, you should check if your mother has prepared a Will in which she provided guidance as to what should happen to her pet. For example, she may have wanted a particular charity to rehome him, or she may have had a certain person in mind. If this is the case, you may wish to approach them at this stage (with her permission), so that your mother’s wishes can be put into effect while she is alive.
If no such wishes about the dog exist, consider the expense of kenneling through the local authority. Whilst the local authority will keep the dog (and other animals) in kennels until such time as it may be returned to the owner or next of kin, the fee for doing so will be recoverable against your mother’s estate. This cost can quickly escalate into thousands of pounds, even after just a few months of kenneling.
If you believe that your mother’s dog is unlikely to be reunited with her, you could discuss with her the option of rehoming him rather than placing him temporarily in a kennel. Rehoming could be less unsettling for the dog and would mean the kennel costs would not be borne by your mother’s estate after she passes away.
This question has been answered by Victoria Wilson, a Partner with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194
