Albany, NY asked in Animal / Dog Law for New York

Q: 90 year old man is perm in the hospital. He has no family. Can I give his dog to a rescue? Dog has tumors & needs a vet.

I volunteer with the rescue. The man is incapacitated and cannot sign over surrender papers.

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1 Lawyer Answer
Benjamin Z. Katz
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Answered

A: Does someone hold power of attorney for him? If so, that person can consent. If not, it’s best to get the man to agree orally I’m front of witnesses. Record it if possible. In the end, if the dog is suffering, the police can take custody and place in the rescue’s care.

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