Guardian vs. ownership

I belong to a group of dog owners who are active in legislation. I was asked today to put together a few lines on my feelings toward the coming skirmish of words in the proposed adoption of the term guardian vs. owner.

This is where I stand.

I paid for my dogs… I own them. As personal property, I am responsible for their care and protection from the moment I bought them until the day they die.

In the eyes of the law, it doesn’t matter that I love them as family… I am their owner and responsible for their actions.

Ownership as a term indicates legal possession; by definition ownership is a state or fact of an exclusive possession or control of property.

Guardian is a term that refers to an individual that has appointed custodial, temporary care. I don’t believe the 12 to 14 years in the life of a pet family member qualifies as "temporary."

Rights by law

An owner, by law, is responsible for their property. A guardian on the other hand has limited rights of possession that may be temporary when compared to the rights of an owner.

An individual who owns property has rights under the U.S. Constitution not to be deprived of said property without Due Process… which can require more proof to remove property, in this case an animal, than from a guardian.

Easy come - easy go

A guardian can, for all intents and purposes, be quickly appointed - and - just as easily removed from guardian status by a judge without a hearing or trial. If someone does not feel that the guardian is doing their job, they may be removed.

Once the guardian is gone, theoretically the animal reverts to the state control. It is my opinion that in a situation where there are no owners, only guardians, there will be such a flood of animals that the contested animals will be euthanized. How can that be to the best interest of the animal?

Third party complaints

As in EEO complaints, a third person who witnesses an event or situation can become involved without being directly associated. Any person or entity can petition a judge or court to remove a guardian. By law, an owner cannot be so removed.

An owner who has had property confiscated, is entitled by law to participate in and oppose legal proceedings. By law he is entitled to know the evidence against him and is entitled to present a defense.

Not so with a guardian.

And that is why I own my dogs and will be responsible for their care and protection until the day they die.

Tags: pet guardian, pet owner