The Monitor should monitor the care of your pet and the actions of the Trustee of a Massachusetts Pet Trust.  It may be difficult enough to choose the Caretaker and Trustee, but a third person or entity should be involved.  You need to consider that for one reason or another the Caretaker or Trustee may at some point not be performing their roles appropriately, or a dispute may arise between them.  The role of the Monitor in a Massachusetts Pet Trust would be to make sure both are acting appropriately at all times and to resolve occasional disagreements. 

The Trustee will be in charge of investing and spending the funds in the trust, and Massachusetts law requires that the Trustee disclose all financial transactions through an accounting.  The Monitor can be the person or entity with the responsibility for reviewing those accountings and either approving them or , if appropriate, objecting to them.

The Caretaker will be in charge of the daily care of your pet, and an occasional visit (perhaps sometimes unannounced) by the Monitor can ensure that the pet is being properly cared for.

The Monitor perhaps should be the pet’s Veterinarian, who would have a good idea of what proper care for the pet would be and how much that care should cost.

Posted by: Brian E. Barreira, Esq. / 18 Samoset Street, Plymouth, MA 02360 / 508-747-8282