Key takeaways:
- A godparent holds no legal weight in court regarding the custody of your children.
- Without a designated Legal Guardian in your estate plan, a judge decides who raises your kids—which may not be the person you intended.
- A Guardian cares for the person, while a Power of Attorney (POA) is typically limited to specific financial or legal actions on your behalf.
Many cultures designate the godparent role to loved ones. Online forums are full of parents asking how and when to pick one, but few ask the most important question:
What legal significance does that title actually have?
Here is a little knowledge on the difference between the “village” and the law.
The History of Godparents
In the 14th century, a godparent was a witness to an infant’s baptism, responsible for the child’s Christian upbringing if something happened to the parents. Today, Godparents remain significant members of a child’s “village,” attending birthdays and life milestones as symbols of trust and love.
Why a Godparent is Not a Legal Guardian
As much as you love your chosen Godparents, “Godparent” is not a legal designation. If something happens to you and you haven’t named a legal guardian, the Court may not honor your wish to have the Godparent raise your child. Family members often clash over custody, which can lead to a child being placed with someone who may not have their best interests at heart.
To truly protect your minor child, you must establish a Legal Guardianship. According to the Children’s Bureau, this allows you to name a caregiver and grant them legal rights regarding the child’s protection, education, and care.
In states like California, you can even designate separate guardians—one for the child (physical care) and one for the child’s estate (financial assets).
The Advantages of a Legal Guardian
A legal guardian is documented in an Estate Plan, and the Court gives high priority to your choice. Having one is vital for situations beyond just passing away:
- Accidents: If you can’t make decisions for yourself, they can step in.
- Hospitalization: They have the legal right to visit and make medical decisions if you are incapacitated.
- Emergencies: They can act on your behalf in legal or police matters.
Legal Guardian vs. Power of Attorney
It is important to distinguish between these two roles in your estate plan:
- Power of Attorney (POA): This person has authority to act on your behalf for specific purposes (usually financial). They must follow strict duties, and you can file a lawsuit if they act fraudulently.
- Legal Guardian: When you appoint a guardian, you are transferring your parental rights. They must put the child’s best interests first, and the court actively monitors them to ensure the child’s rights are protected.
Conclusion
While a Godparent is a familiar and heart-centered relationship, a Legal Guardian is the only way to ensure your child’s upbringing is protected by law. An estate planning attorney is your best resource to guide you through this process. Incorporate legal guardianship into your plan today to ensure your children are always in good hands.
