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Discussion on Fostering a rescue horse

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Sarah Blanchard (Willie)
Posted on Friday, Jun 14, 2002 - 3:28 pm:   Edit PostPrint Post

I've looked at lots of books, articles and websites, but haven't been able to find much information about this situation.

I'm a volunteer at an equine rescue organization, and I recently agreed to foster a lovely thoroughbred dressage horse. Ownership remains with the non-profit organization, and my foster agreement stipulates that although I agree to provide food, board, medical care, etc., the non-profit group is still ultimately responsible for the horse in case of serious illness or accident. The advantage is that by fostering rather than adopting, I can deduct the expenses from taxable income -- and I can always return the horse to the rescue stable if I'm unable to care for him or he becomes no longer ridable.

The organization has developed a written adoption contract with the assistance of a lawyer who does pro bono work for them, but the fostering arrangement is a new one and we're still working out the details. The organization director has essentially taken the existing lawyer-created adoption agreement and modified it a bit to read "foster" instead of "adopt," adding a clause that says the organization is still ultimately responsible for the horse. I'd like to get the group's lawyer involved, but I'd also like to learn as much as possible about how other rescue organizations handle fostering as opposed to adoption.

My question is, has anyone else been in a similar situation? Does anyone have an example of a foster agreement? I'm concerned mostly about liability, as I have free rein (so to speak) in determining who rides this horse, where he's boarded, etc., and I've always asked other riders to sign releases to cover both myself and the barn where he's boarded. So far, everyone is happy with the existing arrangement and the horse is doing really well.

So though I've got an agreement in writing, I'm not sure how legal it is, until and unless it's blessed by a lawyer. Suggestions?

Sarah
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Robert N. Oglesby DVM (Dro)
Posted on Sunday, Jun 16, 2002 - 8:36 pm:   Edit PostPrint Post

One of the biggest problems like this is that laws differ considerably from state to state or even county to county for the type issues you raise. You should also be aware that deducting these type expenses raises your visibility to the IRS and may increase the chance of an audit. Unless blessed by a lawyer familiar with your laws you are right to have some questions, Sarah.
DrO
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Whidbey Island Rescue for Equines
New Member
Username: Montanya

Post Number: 1
Registered: 11-2002
Posted on Tuesday, Nov 5, 2002 - 2:47 am:   Edit PostPrint Post

Sarah - I just read your post. A bit late, but wanted to let you know that I have a Foster Care Application and Contract that we use here at Whidbey Island Rescue for Equines, I would be happy to share with you it you are still in need of one.
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Whidbey Island Rescue for Equines
Member
Username: Montanya

Post Number: 2
Registered: 11-2002
Posted on Tuesday, Nov 5, 2002 - 2:49 am:   Edit PostPrint Post

Sarah - I guess my e-mail address would help huh? If you are interested, please feel free to contact me at montanya@whidbey.net
Becky
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