Are Godparents and Guardians the Same Thing?
No, godparents and guardians are not the same. The role of “godparent” is religious while the role of “guardian” is legal. Thus, a godparent is not automatically a guardian if the parents die. But a parent can take steps to designate a godparent as guardian.
The role of “godparent” is a religious role, not one established by our legal system. A godparent is someone who sponsors the child’s baptism. Often, godparents are also expected to be involved in the religious upbringing of the child. A male godparent is a “godfather,” and a female godparent is a “godmother.” The child is a “godchild.”
However, the role of “guardian” is a legal role. A guardian is a person with legal obligations to a child. For example, a parent is a kind of guardian. These obligations are not imposed by a church but by the state. Upon death, the parents can tell a court who they think ought to take over as guardian. But unlike designating a godparent, designating a guardian is a legal process, not a spiritual one.
While the person you choose as your child’s potential guardian may be the same as their godparent, there are additional legal steps you need to take to formalize it. The best step to take is to create a Designation of Guardianship and incorporate that document into your will. You can also put a guardianship clause directly in your will. I routinely do both for my clients with minor children.
However, before making the choice to designate a godparent as guardian, you should consider some of the following issues:
Each of your children might have a different godparent. But typically, you only want to designate a single guardian for all your children.
Typically, your choice for godparent stays the same. It’s not common to change the godparent of a child. However, it is advisable to change the guardian designation if any significant changes arise (such as your choice of guardian becoming incapacitated) or if you become uncomfortable with your previous choice for any reason.
Guardianship responsibilities are broader and more taxing than godparent responsibilities. Before designating a godparent as guardian, it is best to have a conversation with that person. It may be that the godparent does not want the responsibility of being the designated guardian if something happens to the parents.
If your child does not have a designated guardian, that’s something you should fix immediately. Call an estate planning attorney to discuss how you can designate someone to watch over your children should something happen to you.