As most of you know, this practice is not exclusive to the families in urban neighborhoods. Many cultures designate the godparent role to their loved ones.
The honorable title of “Godparent” is a symbol of love. It means you trust and value someone enough to be a part of the village that raises your child.
Have you ever wondered where the “Godparent” role came from? Or, what legal significance that title has if the biological parents are no longer able to take care of their child?
Well, here is a little knowledge.
Godparents were then responsible for that child’s Christian upbringing in the event something were to happen to the parents.
It was common for the Godparents to attend the child’s baptism, birthdays and other significant life events.
In today’s terms, the Godparents were significant members of a child’s “village.”
Legal Guardianship
As much as you love your chosen Godparents, a Godparent is not a legal designation for a child’s upbringing in modern society.
If something were to happen to your children without a legal guardian in place, the Court may or may not honor your wish to have their child raised by the chosen Godparent.
In some situations, friends and family argue or stress over who should care for the children. As a result, guardians who do not have the best interest of the child might be selected to raise your child.
To legally protect your minor child in the case something were to happen to you, you must establish a legal guardianship.
“Legal guardianship is one of the options available to parents who are planning for the care of their children in their absence due to a variety of situations, such as illness or incarceration. It allows parents to name a caregiver and to give the caregiver certain legal rights regarding the care of the child(ren). In most cases, the parents’ legal rights are not terminated and the parents still play a role in their children’s lives. Legal guardians have custody of the children and the authority to make decisions concerning the protection, education, care, discipline, etc.”
A legal guardian is usually designated and documented in a parent’s estate plan. The Court gives high priority to the legal guardian chosen by the parents.
Advantages of a Legal Guardian
There are many reasons why you want someone as a legal guardian, not just if you pass away. Here are a few of those reasons –
- If you are in an accident and cannot make decisions for yourself, that person is legally able to step in and care for you.
- If you are sick or in the hospital, this person can make decisions if your relationships are strained to the point where they cannot visit you.
- If you are arrested, this person can meet with the police and deal with them on your behalf.
Legal Guardian vs. Power of Attorney
When forming your estate plan, keep in mind the role of a legal guardian is different from the role of a power of attorney.
The difference between a legal guardian and power of attorney is that, the latter only has the authority to act on your behalf for specific purposes.
Guardianship can also act on your behalf, but it must act in everyone’s best interest, not just one person’s interests.
Someone who holds power of attorney can make financial transactions for you without them being challenged.
When it comes to financial transactions, a power of attorney cannot do anything that might be considered illegal or fraudulent. The agent must also follow his/her duties and responsibilities properly, even if they’re given to him by a court order.
If the person who holds your power of attorney is doing something wrong, you can file a lawsuit against him.
When you appoint a legal guardian for your kids, you’re transferring your rights to the assigned person.
This individual must take care of all the child’s needs and put their best interest first. The court will ensure that the child’s rights are protected as well as their best interests at heart. If they find out that the guardian is not abiding by the law, they will revoke his/her authority to act on your kid’s best interest.
Conclusion
While a Godparent is a more familiar relationship for many, the best way to ensure a child’s upbringing is protected is to establish a legal guardianship.
An estate planning attorney is the best resource to guide parents through the process of establishing a guardian.
Incorporate legal guardianship into your estate plan to ensure your children are always in good hands.
This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, tax, legal or accounting advice. You should consult your own tax, legal and accounting advisers before engaging in any transaction.
