Becoming A Godparent: Legal Requirements And Responsibilities

The role of a godparent is steeped in religious tradition, with the title having existed almost as long as Christianity. Godparents are responsible for the spiritual guidance of their godchild and are usually of the same faith. They are also expected to be present at important religious events, such as baptisms. However, this role does not carry any legal authority or rights. If you wish to give someone legal authority over your child in the event of your death, you must appoint them as a legal guardian in your will.

Godparent vs legal guardian

The role of a godparent is distinct from that of a legal guardian. A godparent is a religious role, often involving the baptism of a child and their spiritual upbringing. Godparents are chosen by the parents and are usually someone of the same faith. They are expected to be involved in the child's life and act as a mentor, providing spiritual and ethical guidance. However, this role is not legally binding and does not confer any legal rights or responsibilities for the care of the child.

On the other hand, a legal guardian is a person designated by the parents or the court to take on the legal responsibility of caring for a child if the parents are unable to. This role comes with specific legal rights and obligations, including making decisions about the child's housing, education, and day-to-day life. A legal guardian is typically appointed through a will or other legal processes, such as a "parental appointment of a guardian."

While it is possible for a godparent to also be a legal guardian, it is not automatic. Parents who wish to appoint their child's godparent as the legal guardian must take the necessary legal steps to do so. This involves creating a will and/or consulting with an estate planning attorney to ensure the proper documentation is in place. It is important to consider the skills and abilities of the potential guardian, as being a good godparent does not necessarily qualify someone to be a legal guardian as well.

In summary, the key difference between a godparent and a legal guardian is the legal status of the relationship. Godparents have a religious or cultural role, while legal guardians have the legal authority and responsibility to make decisions in the best interests of the child.

The role of a godparent

In the modern baptism of an infant or child, the godparent makes a profession of faith for the person being baptised (the godchild) and assumes an obligation to serve as a proxy for the parents if the parents are unable to provide for the child's religious training. Godparents are also there to encourage the child's spiritual growth over time and act as an example of another adult with maturity in the faith.

The term "godparent" is religious in nature and is not a legal title. However, in some cases, godparents may also be designated as legal guardians of the child in the event of the parents' death or incapacitation.

How to appoint a legal guardian

The term "godparent" is often used interchangeably with "legal guardian", but the two are distinct. A godparent is a religious role, sponsoring a child's baptism and being involved in their religious upbringing. A legal guardian, on the other hand, assumes the role of caretaker and decision-maker for a child if their parents become unavailable or pass away.

To appoint a legal guardian, you must write a will, especially if you have children under 18. This ensures that your children won't be placed into care while a court decides their future, and gives you a say in who will care for them. When writing your will, you can appoint guardians for any children under 18. It is essential to discuss the role with your chosen guardians beforehand to ensure they are comfortable with the responsibility and can carry out all the required tasks. These include bringing up the child until they reach adulthood, providing them with a safe home, maintaining their health and diet, and ensuring they receive an education.

When choosing a guardian, it is worth considering whether your children will be able to continue their favourite hobbies, attend the same school, and whether the guardians have children of their own. While family members are usually the first choice, particularly for very young children, older children may benefit more from a friend or relative who shares the same values and ideas about their upbringing. It is also worth noting that you can appoint different guardians for each child, and you may wish to name substitute guardians who will serve as replacements if your first choice is unable to.

To appoint a legal guardian, you must include their full names and relationship to you in your will, and sign the document according to legal requirements. You should also ensure that your will is stored somewhere safe and accessible.

The legal rights of a godparent

The term "godparent" is often a source of confusion, as it is not a legal title recognised by the law. Instead, it is a religious role, with the godparent acting as the child's spiritual advisor and mentor. The role of a godparent is to ensure that the child continues in the faith and provide guidance and wisdom. However, this role does not come with any legal rights or authority over the child.

In some states, the term used for a legal guardian of a child in the event of the death of both parents is a "preneed guardian". This is the person who will take on the legal rights and responsibilities for the child, including making decisions about their housing and day-to-day life. While a godparent can also be a legal guardian, this requires additional legal steps, such as naming them in a will or through a process called "parental appointment of a guardian".

To designate a preneed guardian for minor children, parents must submit the appropriate paperwork to the Clerk of Court. This document must be signed by both current guardians in front of two witnesses and include the full name and social security number of each child. While it is not required, it is recommended to have the document notarized to avoid any future challenges.

It is important to note that the person chosen as a godparent may not be the best choice for a legal guardian. Being a legal guardian comes with significant responsibilities and requires organisational and financial skills. Therefore, it is essential to give careful consideration to the choice of a legal guardian and seek legal guidance if needed.

The process of becoming a godparent

The term "godparent" is primarily a religious role, and not a legal one. Godparents are usually involved in the religious upbringing of the child, and are often expected to be of the same faith as the family. In the Catholic faith, for example, godparents are responsible for ensuring that the child continues in the Catholic faith if both parents pass away.

To become a godparent, you should speak with a religious leader such as a priest, pastor, or similar figure within your church, temple, or synagogue. They will be able to guide you through the process and requirements of becoming a godparent.

It is important to note that being a godparent does not automatically grant any legal rights or authority over the child. If you wish to become a child's legal guardian in the event of the parents' death or incapacitation, additional legal steps are required. This usually involves being named in the parents' will or through a separate legal process, sometimes known as a "parental appointment of a guardian". It is recommended to consult with an estate planning attorney to ensure that the appropriate legal steps are taken.

Frequently asked questions