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Your child needs a legal guardian even if they have a godparent

On Behalf of | Feb 19, 2025 | Estate Planning

Naming a godparent for an infant is an important part of being a Catholic parent. However, people of all faiths believe in naming a godparent (or, in some cases, multiple godparents) for their children. 

In the Catholic faith, a godparent is typically a person trusted by the parents to help ensure that their child will continue to be raised in their faith should they no longer be around. For other parents, a godparent is someone they want to be part of their child’s life even if they’re able to raise their child to adulthood because they have values and they respect and hope their child will embody and wisdom they hope they’ll share with their child.

Godparents and legal guardians aren’t the same thing

Unfortunately, some people who name a godparent for their child think they don’t need to officially designate a legal guardian to take custody of their child if they pass away or become unable to care for them before the child reaches adulthood. That can be a dangerous mistake to make.

A godparent and a legal guardian are not the same thing. Certainly, you can make your child’s godparent their designated legal guardian in your will (with their full understanding and consent). If you do, you’ll likely need to include some financial provisions to help your designated guardian provide for your child. Sometimes, people name a separate person to be a trustee for the child’s inheritance as an added safeguard that the money is spent as they intend for the benefit of their child.

What to consider when designating a legal guardian

Designating a legal guardian typically requires more practical considerations than choosing a godparent does. For example, is the person young and healthy enough to raise a child (a question that often makes grandparents an impractical choice)? Does the person live in the area, or would your child have to move? Does the person have the patience and time to devote to raising a child (perhaps in addition to their children)? Finally, as with a godparent, does the person share your values and (if it’s important to you) your religious faith?

The need to designate a legal guardian when a child is born is often what causes people to start developing an estate plan. It requires a lot of thought and planning. Having experienced legal guidance will help give you peace of mind and do what’s best for your child. 

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