Georgia's Trusted Healthcare
& Medical Provider Attorneys

How To Ensure Proper Care For Our Fuzzy Children In Our Wills

Will Pet Trust

When we think about creating a will or trust, we think about things like our checking or savings accounts, our family heirlooms and if we have children, how we want them to be cared for when we pass.

However, one of the most important – and often overlooked – parts of preparing for our futures is making sure our fuzzy loved ones are cared for too.

And while pets are legally and technically considered – “property” – as pet owners, we know that they mean so much more to us than just being “property.” They are our companions and a big part of our families.

Leaving our pets’ fate unknown and the thought of having them possibly sent to a shelter is unthinkable. This is where legally documenting our wishes for our fuzzy children is important.

Our Pets Are Family Too!

Traditional wills or trusts treat pets as property. One of the challenges with only including your pet in your will is that it often takes time, sometimes years before the probate process is completed. Your pet will need immediate care. So often we see people dividing their estates purely by percentages. Where does a pet go in that scenario?

When clients want to provide for their fuzzy child, there are a couple of options:

1) Specifically designate who gets ownership of your pet when you pass or

2) Create a Pet Trust. A Pet Trust has benefits beyond simply giving ownership of your pet to someone else.

Pet Trusts can be created in your will or be valid while you are alive and can be implemented if you were to become ill and unable to care for your fuzzy child.  A Pet Trust also allows you to allocate funds that can only be used for your pet’s care.  When we see animals go to a shelter in probate situations, many times it is because family members are not willing to accept the financial burdens of having a pet, especially an older pet.

Things To Consider For Your Pet’s Future

The Pet Trust allows you to leave specific instructions on how your pet should be cared for and by whom, as well how money set up in a trust should be allocated. Some things to think about when setting up a Pet Trust are:

  • Who would take care of your fuzzy child in a way that makes you comfortable? Does your pet know this person? Would this person honor your wishes?
  • If you have more than one pet, would your pet’s guardian be willing to keep all of your pets together?
  • How much money should you set aside? Think not only about current costs, but how much care your pet may need as he or she gets older?
  • Including detailed care instructions such as your pet’s favorite toys or treats. Is your pet scared of thunderstorms or other animals or small children?

While the thought of leaving behind our loved ones when we pass is painful, it’s important that we think about how we can best provide for them now – and in the future. And as pet owners, we know that our pets are more than just “property” –  they are our family too!

Need Help Getting Started?

Our attorneys specialize in wills and Pet Trusts. Not only do we have extensive experience with wills and Pet Trusts, but we are avid pet lovers too! Contact DJ Jeyaram at DJ@JeyLaw.com or 678.325.3872.

 

What Physicians Need to Know About the Stark In-Office Ancillary Services Exception

Stark LawThe Federal Stark Law generally prohibits physicians from referring Medicare/Medicaid payable Designated Health Services (DHS) to any organization in which they have a financial interest, including their own medical practice. Because the Stark prohibition applies when physicians refer their patients within their own practice to obtain DHS, such an arrangement must meet the requirements of an exception in order to comply with the law.

If you are a physician practice that intends to offer to your patients related services which are also DHS, for example, imaging or laboratory services, you might be able to rely upon the In-Office Ancillary Services (IOAS) exception. This exception is designed to protect the provision of Designated Health Services that are truly ancillary to the medical services being provided by your physician practice.

In order to take advantage of this exception, your practice must meet three specific requirements related to

  1. supervision
  2. location
  3. billing

Additionally, multi-physician practices must be considered a “group practice” as provided in the Stark Law.

Physicians providing MRIs, CT and PET scans through their medical practices must also provide a disclosure and notice to patients. Such notice must be in writing and provided at the time of the referral. The notice must disclose to the patient that he or she may obtain those services from other suppliers and provide a list of those suppliers in close proximity to the physician’s office.

Although this exception enables physicians to offer a number of ancillary services and still maintain compliance with the Stark Law, this exception is likely to be restricted in the future. The Department of Health and Humans Services’ (HHS) FY ‘16 proposed budget indicates that HHS intends to limit which practices may offer therapy services, advanced imaging, radiation therapy and anatomic pathology services. Only “clinically integrated” practices that demonstrate cost containment would be able to use the IOAS exception when offering such services.

Additional information on the HHS FY ‘16 Budget Proposal can be found at http://www.hhs.gov/budget/fy2016-hhs-budget-in-brief/hhs-fy2016budget-in-brief-cms-medicare.html.

If you have any questions about the IOAS exception or need legal advice with respect to offering ancillary services through your practice please contact DJ Jeyaram at DJ@jeylaw.com or Danielle Hildebrand at Dhildebrand@jeylaw.com.