Why Godparents Alone Won't Secure Legal Guardianship

As parents, safeguarding the future of our children ranks high on our list of priorities. We meticulously plan for their education, health, and overall happiness, often entrusting the vital role of guiding and mentoring to chosen godparents in the event of unforeseen circumstances.

However, it's crucial to grasp that the act of naming a godparent does not equate to legally designating a guardian for your children. In plain terms, having godparents doesn't necessarily ensure that, in your absence, your children won't end up in the care of strangers, child protective services, or someone you'd never envision as their caregiver.

In this read, we'll go over the distinct roles of godparents and legal guardians, shedding light on how you can guarantee that your children are cared for by the individuals you've chosen, come what may.

The Godparent Role: Tradition and Mentorship

Godparents traditionally serve as mentors, tasked with overseeing your child's adherence to your morals and values. Rooted in religious and cultural traditions, godparents often participate in ceremonies such as baptisms or confirmations. Regardless of religious affiliations, they may also offer emotional support, advice, and friendship, playing a supportive role in your child's life.

Yet, their responsibilities remain informal and non-legal. While they can be a source of guidance, godparents lack the legal authority to make decisions regarding your child's well-being, education, or medical care.

The Legal Guardian: A Formal, Legal Designation

In stark contrast, appointing a legal guardian involves a formal, legal process. A legal guardian assumes the authority to make decisions for your child in various aspects of their life, spanning from basic care and education to medical treatment and financial management.

This responsibility extends to managing your child's financial assets, ensuring their financial well-being. In some cases, a separate financial trustee may be designated to work alongside the legal guardian, guaranteeing comprehensive support for your child's future.

Why Godparents Alone Fall Short

While godparents may be emotionally invested in your child's life, their lack of legal authority renders them unable to make critical decisions unless officially appointed as legal guardians. Without a written legal guardian designation, your family might face a complex and costly custody dispute in the absence of your guidance.

To bridge this gap, consider merging the roles of godparents and legal guardians. If you've already chosen individuals to serve as lifelong mentors, why not take that extra step and grant them the legal authority to fulfill those duties should the need arise?

Choosing the right guardians and godparents involves a heart-centered process aligned with your values. If uncertain about the ideal candidates, we offer guidance to ensure your chosen individuals possess the necessary legal and financial tools for your child's well-being.

Ready to take the next step? Schedule a complimentary call with our office today to learn more and initiate the process. Your child's future deserves nothing less.

About the Author

Leslie has been practicing law since 2009 and is the host of the estate planning podcast 'Legacy Purse'. She has a long history of representing family members struggling to inherit property and/or wealth from deceased family members through the Probate Courts. Knowing how time-consuming and expensive the probate process is, Leslie takes great pride in helping her clients learn how to plan and protect their families during their lives so they can avoid the probate court process and save their loved ones that additional grief (and expense).