Are Godparents and Guardians The Same Thing?

When we were little I remember knowing my aunt and uncle were our “godparents.” We though this meant that if something happened to our parents, we’d go and live with them. (I also remember thinking that living with our cousins sounded very exciting, not quite realizing what would have occurred to make that necessary.)  These days, I’m often asked by people whether their selection of godparents for their children is the same as naming legal guardians for their children.  The answer is “no.”

A godparent is someone who sponsors the child’s baptism. This is mainly a religious role, not a legal one. While the person you may choose as your child’s potential guardian is the same as their godparent, there are additional legal steps you need to take to formalize it.

If your child has a godparent, but no guardian, named and something happens to both parents, the selection of a godparent may be used by the Court to help determine the parents wishes. This may or may not be a good thing. The person you selected as godparent may not be the person you want to actually raise your children if something happens to you.

Here are some of the issues with thinking that your selection of a godparent is sufficient for protecting your child:

• A godparent is generally chosen once and doesn’t change. You can change your nomination of guardian as your child’s life, or the guardian’s life, changes, to make sure you have the most appropriate person named at all times.
• Many people will choose a different godparent for each child, but will want one guardian to care for all of their children.
• The responsibilities of being a godparent are quite different than being a guardian. The godparent may not want that responsibility.

The best way to make sure that your child is protected in the event neither parent is able to care for them, and that your wishes are honored is to have an attorney prepare the guardianship nomination papers that apply in your state, and to write a will that nominates guardians for your children.  The relief it brings to have it done is worth the time it takes to make your decisions and get in touch with the attorney.  For folks in Massachusetts, this can be done with me via online communications, so that it fits into your schedule.