Appomattox, VA asked in Animal / Dog Law and Elder Law for Virginia

Q: I’ve cared for a dog for 3 months, the previous owner can’t properly care for him but is asking for him back now.

I’ve been buying things for him for over a year. There was poop in the house, he would eat her pull-ups and trash. No vet visit or shots and only went outside when she felt like letting him out. I would bring him to my house for several nights to bathe and care for him. She has memory issues and went in the hospital due to health problems that will not get better, she needs to be in an assisted living facility and she gave the dog to me but can’t remember that and now wants him back. I worry for his safety and health due to him now having heart disease and needs to be on medication but she can’t remember to take her own medicine let alone his. I want to take him to a vet and get him on the medications he needs as well as shots and anything else, so what are my rights to him. I’ve been told she called the police but not sure what they can do they know the issues with her they have been to her home many times.

Related Topics:
1 Lawyer Answer

A: Animal control is authorized by the Code of Virginia to seize animals that are being abused or neglected, and it sounds like this probably should have been done before the dog came into your possession. You say that she gave you the dog, but that's a little ambiguous. If you were of the impression from the exchange that she completely gave up ownership of the animal then I recommend that you take steps that an owner would take, such as any vaccination and registration requirements. If for some reason she pursues a warrant for theft against you (dogs are treated as personal property for larceny cases), you'd want to be able to show that you were properly caring for the animal as your own pet. This would contrast sharply with the horrific conditions experienced by the animal when it was at the previous owner's property. If you believe you were only given temporary possession of the dog, but are concerned about returning it, then I suggest contacting animal control so that they can investigate her condition and the state of her property. If an animal is seized due to owner neglect then it can be sold to another party (such as yourself) after a court hearing.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.