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2 Stan. J. Animal L. & Pol'y 1 (2009)

handle is hein.journals/stanilpo2 and id is 1 raw text is: M m STANFORD Journal of Animal Law and Policy Volume 2 2009 Making Decisions about Our Animals' Health Care: Does It Matter Whether We Are Owners or Guardians? Susan J. Hankin* Introduction ....................................................2 I. From Property Owner to Guardian ............5..........5 A. Goals of the Owner-to-Guardian Campaign......... ................5 B. Opposition to Language Changes. ........................... .....8 C. Responses to Arguments Against Animal Guardianship .... ...............9 D. What the Arguments Imply about Health Care Decisions for Animals.......18 II. Human Health-Care Decision-making: Lessons Learned ... .............19 A. Making Decisions for Patients Without Decision Capacity: Substituted Judgment and Best Interests Standards ..................... ......20 B. Health-Care Decision-Making for Minor Children...................24 C. Potential Application to Animal Care Decision-Making ..............27 III. Making Health-Care Decisions for Our Companion Animals ... ......28 A. Similarities Between Human Health Care and Veterinary Medicine.....28 B. Major Differences Between Human Health Care and Veterinary Medicine.31 C. Proposed Framework For Veterinary Clinical Decision-Making.............36 1. Who should decide what level of care an animal receives? ..............36 2. Factors to include in treatment decisions: toward a modified best interest standard ........................................... ...... 40 3. Resolving Conflict: Should There Be Any Limits On Owner Choice?......45 Conclusion .......................................... ..........51 * Law School Associate Professor, University of Maryland School of Law. The author would like to thank Inga Rubin and Uyen Phan for their research assistance, Susan McCarty for her research and footnoting assistance, and Deans Karen Rothenberg and Michael Van Alstine for their generous support of this article. @ 2009 Stanford Journal of Animal Law & Policy