Who can consent to my pet’s treatment?
Legal position
Pets are classed as “chattels” in UK law, meaning they are treated as an item of personal property. The person who paid for the pet is the legal owner.
www.blanchardslaw.co.uk/pet-custody-prove-ownership
However, there is no one single piece of evidence that conclusively proves who owns a pet. A Small Claims Court will consider a variety of information when determining pet ownership and a District Judge is entitled to give such weight to this evidence as they deem fit.
These include written and oral evidence on:
- (If it’s a tug of love kind of case) Was the dog bought prior to the relationship or during the course of the relationship (and if the latter, were you living together at the time). If the parties were living together at the time of purchase and it was a joint agreement to get a dog as a pet for the family unit, it is very likely that such a dog will be regarded as jointly owned. However, no two cases are ever the same and so bespoke advice should be sought on the particular circumstances of the case.
- Who bought the dog (including whose name is on the contract made with the rescue centre or breeder)
- Whose name is registered with the Kennel Club
- Who is registered on the microchip database
- Whose name is recorded at the vet’s practice
- Who is registered on the insurance certificate
- Who usually takes care of the dog
- Who pays the day to day expenses for the dog
- Was the dog bought as a gift
Credit: www.doglaw.co.uk
Veterinary position
Dog and cat owners have a legal obligation to have their pets microchipped and registered with a microchip database, if they have not done so already. No owner may transfer a dog to a new owner until it has been microchipped. The owner is responsible for keeping these details up to date and, whenever there is a change of owner, the new owner must ensure their details are recorded with the database.
There may be situations when a veterinary surgeon or veterinary nurse may scan for a microchip, for example, on first presentation at the practice in order to add details to the clinical and client records, at annual boosters and/or prior to travel in order to check that the microchip is working properly, and, prior to implantation to check for an existing microchip.
There may be some situations when veterinary surgeons are required to scan for a microchip, for example, prior to a rabies vaccination for the purposes of obtaining a pet passport.
There may be circumstances where a request is made by a client for the euthanasia of a dog or cat, where in the clinical/professional judgement of the veterinary surgeon euthanasia of the dog or cat is not necessary, for instance where there are no health or welfare reasons for the dog or cat to be euthanised.
In these circumstances, before carrying out the request for euthanasia the veterinary surgeon should scan the dog or cat for a microchip and check the relevant database if a microchip is found.
In relation to both dogs and cats, clients may have a contract with the shelter from which they acquired the animal such that it can be returned to that shelter, and that it may be appropriate to discuss this with them prior to euthanasia. Alternatively, there may be another individual willing to take responsibility for the animal(who may be named on the microchip database), and this may also be discussed with the client. If no microchip is found, this should be recorded on the clinical record.
Green Vets’ position
To satisfy our legal and professional obligations, we require all cats and dogs to be microchipped. The microchip must be registered in the name of the client requesting treatment for the pet in question, also known as the ‘keeper’.
We treat the registered keeper of an animal as the owner for the purposes of daily care, decision-making, and consent, particularly because legal ownership can be complex to verify. In our veterinary practice, the “client” is defined as the owner or designated keeper who has responsibility for the animal’s welfare.
Our default position is to seek consent from the owner before any treatment is carried out.
Exceptions are emergencies that threaten the animal’s life, or where a delay in treatment would adversely affect the animal’s welfare. We may perform necessary treatment to alleviate suffering, even if the owner cannot be reached immediately, based on the duty to protect the animal’s welfare.
Owners can designate a pet sitter, friend, or family member to act on their behalf. The agent should be authorised to approve specific treatment up to a certain financial limit. Written instruction from the owner during their absence or incapacitation will qualify as proof that a nominated person has temporary daily care, decision-making, and consent authority for the pet in question. If any new issue arise, we will endeavour to obtain verbal consent from the owner over the phone.
Where it appears a client lacks the mental capacity to consent, we will try to determine whether someone is legally entitled to act on that person’s behalf, such as someone who may act under a valid lasting power of attorney or enduring power of attorney.
If there is no such person, we will act in the best interests of the animal. In deciding what is in the best interests of the animal, we will endeavour to discuss the case with someone close to the client, such as a family member, friend or carer.
Summary
In most cases, we require owner consent before any treatment can be carried out
The owner is the person named in the microchip database
The owner is responsible for keeping their details current in the microchip database
If during a database search a different keeper is identified from the client presenting the pet to us, then we will first contact this person to obtain their consent for treatment
Other than when there is intractable suffering, we will not euthanise any pet unless clear ownership has been established in the microchip database, and where informed consent from the owner can be given.
