When your child was born, you put a lot of thought into who to name as their godparents – so why do you have to worry about naming a legal guardian in case you die before they become an adult? Isn’t your child’s godparent the same thing? Won’t they automatically step in if something happens to you?
This is a common misconception, but a godparent and guardian are not the same thing. The court will not automatically assume that a godparent is your child’s appropriate legal guardian should the worst come to pass unless you have named that person to assume the role in your will.
Why godparents and guardians aren’t the same
The role of a godparent has religious roots. A godparent was traditionally chosen during a child’s baptism or christening ceremony, and their job was to support the child’s spiritual development. In modern times, however, the role has evolved, with godparents often playing a supportive role in a child’s life as a kind of “extra” parental figure.
When you choose a guardian for your child, however, you are designating a person to literally step into your shoes and assume all the parental responsibilities and make decisions for your child until they reach adulthood.
Should you designate your child’s godparent to be their legal guardian? That’s a question only you can answer. Godparents can be great role models and mentors for a child, without necessarily having the resources, lifestyle, time or energy that’s required to actually raise a child. A guardian needs to have a fairly settled, stable life – and both the means and willingness to raise a child.
When it comes to your child, you want to make sure that there are some “fail-safes” in place for their care if anything happens to you. Experienced legal guidance can make establishing an estate plan that reflects those goals much easier.