Imagine that overnight a new state law goes into effect declaring that from now on you do not own your animals but rather you are their “guardian.” Does this sound farfetched? Some local communities have already made this change The first legal step on this road has been the addition of “owner-guardian” language to local ordinances, then changing the wording to “guardian” only. One state now has “owner-guardian” as a part of its law, and various federal agencies are using the word “guardian” in conjunction with “owner” whenever the latter appears in their regulations.

Animal guardianship advocates suggest that referring to the human-animal relationship as one of guardianship rather than ownership will lead to better animal care. There is little basis for this assertion; an abusive animal owner would likely be an abusive animal “guardian.”

While local ordinances to date have generally applied only to dogs, cats, and other companion animals, a next step would be to expand such laws to include all domestic animals. With the groundwork in place, guardianship advocates could then move to the state level.

“Ownership” and “guardianship” are two distinct legal terms. The first is an expression and protection of the property owner’s legal rights, while the second imposes numerous legal duties and obligations on the guardian. Today as an animal owner, you can decide the animals’ care and future as long as you are not abusive, cruel, or neglectful: what to feed or where to house them; which animals to breed them with; what veterinary care to provide; whether to sell them, put them down, or include them in your Will