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 Guardianship – Another Perspective
By Bob Vetere COO & Managing Director, APPMA Many of us have been hearing a lot lately about the issue of “guardianship” of pets versus ownership. Proponents state that it is a natural extension of our increasing love affair with our animals. Because these animals are becoming such an important part of our lives, they argue, the animals should be given the proper recognition. They believe that those of us with animals should not be permitted to own an animal but rather we should be their guardian. As with a lot of ideas this one sounds warm and fuzzy on the surface but as you analyze it closer you realize it is fraught with pitfalls – some of which are potentially very damaging. Once you scratch the surface of the guardianship issue you begin to see a very long list of unintended consequences. For example, imagine that a very dear pet is struck by a car and is seriously injured with no hope for survival but is suffering terribly. If you are the guardian of that pet you could be forced to seek a court order before making the humane decision to help end the suffering. Or suppose you are walking your dog in the rain and he is having a great time. But a member of a local animal rights group sees you and feels that you are negligent in allowing your dog to be wet and seeks to have you declared incompetent as a guardian and have your dog taken from you. Even the decision to spay or neuter your pet could be challenged in court as interfering with the animals reproductive rights. Ownership indicates property and the resulting property “rights”. Along with these rights come responsibilities. Pets, though, are a special type of property protected more than, say, your golf clubs. For example, there are laws punishing inhumane treatment or cruelty of animals (fortunately, there are no such laws protecting my golf clubs). Guardians, on the other hand, are not owners; they are merely caretakers. An owner has the sole responsibility to care for their animals while a guardian is part of a group effort with the courts and other unknown third parties. The difference between the two is dramatic, not just a “semantics” issue as some would have you believe. Most states have existing laws on their books covering guardianship. There have been bodies of law developed over many years establishing the rights and responsibilities of guardians. By suddenly giving pets that same status they will be inheriting all of these existing laws, none of which were passed contemplating animals as a c overed entity. Common sense has to prevail here. Yes, our pets have become ever more important to us. As the world becomes a more uncertain place they provide companionship, unconditional love and many other things that we humans need. They are like our best friend in a time of need - someone to turn to for comfort. They are more to me than my seven iron but less than my son. The beauty of the existing legal structure is that it already recognizes this distinction. Even though pets do not have the same legal status as people, they are treated as a special type of property that requires humane treatment by pet owners and protects the pets from irresponsible neglect and other forms of abuse. We don’t have to make dramatic changes to cover ourselves and protect our pets. We don’t need new legislation with undesirable side effects. We do, however, need to educate people on the proper care and handling of pets. We also need to make sure we are satisfied with ourselves as a caring and conscientious industry. A large group of representatives of the major pet associations and retailers is currently developing a campaign to address these very issues. Now is the time to be proactive. We need to make sure each new piece of legislation that is proposed has all of the ramifications understood before it progresses too far. This is a great industry. Pets are a wonderful part of all of our lives. Let’s make sure that we don’t inadvertently undermine our ability to love and properly care for these furry, finned and winged friends of ours. |
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