Choosing a legal guardian or sponsor for your child is an important decision. You will likely play an important role in your child`s education and may even become their primary caregiver if the worst were to happen. A godfather is someone who sponsors the baptism of a child in a church, usually a church of a Christian denomination. At a baptism, the godfather or godparents make the profession of faith for the baptized child (godson) and assume the obligation to serve as mandatary for the parents if the parents are unable or unable to ensure the religious education of the child. A godfather is more of a ceremonial role in a child`s life; Churches do not have the power to appoint legal guardians for children. Historically, however, the godfather was considered the person who should be a child`s guardian when the parents were deceased or unable to do so, which is why this modern misconception exists. It is important to note that there are two types of guardianship, and depending on the arrangements made by the parents for the child prior to death, the difference between these two factors could have potentially devastating effects on the guardian`s finances. Although there are many types of guardianships, we are talking here about guardians who are appointed to assume parental responsibility after the death of one or both parents. Should such a tragedy occur, Scottish law looks at the parents` legal writings, which are usually found in their wills, to determine who is the qualified person to take responsibility for your child.
The person named in your will is called a “legal guardian” and would have the right to claim parental responsibility for your child if you die. If your child`s sponsor is appointed as a legal guardian, that person is part of your child`s life from birth. In case something happens to you, living with the sponsor may not be as traumatic for a transition because your child already knows that person. “It is possible and often a good idea to appoint two different tutors. One is a guardian of the person and the other is a guardian of property,” he says. In this way, one person takes on more of a parenting role and another person manages finances on behalf of the child. Moss says, “That way, you can name the best people for each role to ensure the best care for your kids.” Guardians have no legal rights as long as both parents are alive. However, if one of the parents died, he or she would have the possibility of assuming parental responsibility for the child even if the other parent was still alive. The short answer is yes, but only if you name it as such. Of course, there are pros and cons to choosing your child`s sponsor as your guardian, so weigh your decision carefully.
Today, it is very common for each child to have different godparents, as it is widely considered an honorary title. Since most parents want their children to grow up together, godparents are often not the same person. There are no legal problems or obstacles to this, and there is no need to mention it in legal documents. If your children have good sponsors who you think could also be good guardians one day, you should think about it. Just because someone is a loving sponsor doesn`t necessarily mean they have the organizational and financial skills desirable in a tutor. We are happy to answer your additional questions or help you appoint a legal guardian in your will. Talk to one of our family law team members and we`ll help you get on the right track. But we leave you the list of sponsorship honors! Guardians assume the role of parent when the child`s parents die. Legal guardians are usually appointed by will. Guardians can also be the child`s godparents, and they are usually close friends or family members. However, you can choose different people for the roles of sponsors and guardians. However, the role of “guardian” is a legal role.
A guardian is a person who has 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. After the death, the parents can tell a court who they think should take over from the guardian. But unlike appointing a sponsor, appointing a guardian is a legal process, not a spiritual one. Mark F. Moss, Esq, a Florida-licensed estate planning attorney (and therefore can only speak with Florida law), says, “Just because someone is a sponsor doesn`t mean they hand over the child to them because there`s no legal relationship.” Many people choose very trustworthy and beloved friends as godparents and might assume that these are the people who would take care of their children if something happened to them. When choosing a potential legal guardian for your child, keep the following in mind: Throughout my career as a provider of financial and estate planning services, I have found that the difficulty of agreeing on potential guardians for minor children is undoubtedly the main obstacle to drafting wills. No other decision comes close. Often, the only point of agreement between couples is that there are no obvious good choices.
Still, a choice has to be made, and some decisions are better than others, but almost all are better than leaving it to the discretion of the courts. But even if parents do not take such legal action, the existence of godparents can be legally useful if parents can no longer care for their children. Leanna Hamill, a Massachusetts estate planning attorney, said the court can use the selection of a sponsor to determine parents` wishes regarding guardianship. Today, some parents appoint godparents, even if there is no baptism in church. Godparents, whether religious or not, can serve as role models and help guide children spiritually, emotionally and practically. Most feel honored to be invited to be sponsors. The role of a godfather is moral and religious; This is the role of a “sponsor”, and the designation as sponsor of a child does not establish a legal relationship between the sponsor and the child. If both parents of a child died, the sponsor would not automatically become the child`s guardian. The role of the “godfather” is a religious role, not determined by our legal system. A godfather is someone who sponsors the baptism of the child. Often, sponsors are also expected to be involved in the child`s religious education. A male godfather is a “godfather” and a female godfather is a “godmother”.
The child is a “godson”. Choosing a guardian for your child is an important decision. You want to choose someone who has your child`s well-being in mind and helps them recover from your death. There are many things to keep in mind when choosing your child`s legal guardian, for example: godparents have been around almost as long as Christianity and they have played an important role in the Church. The renunciation of the devil is at the center of baptism ceremonies. And since infants can`t speak for themselves, godparents have done it for them – and still do. You can also choose an alternative guardian if the person you originally planned and named in your will is unable to assume parental responsibility. While the person you choose as your child`s potential guardian may be the same as their sponsor, there are additional legal steps you need to take to formalize them. The best step is to create a guardianship designation and include this document in your will. You can also include a guardianship clause directly in your will. I regularly do both for my clients with minor children. The church said the original purpose of appointing sponsors — to serve as religious mentors for children — has lost its spiritual significance and instead becomes “a networking opportunity for families looking to improve their happiness.” No, godparents are not the same.
The role of “godfather” is religious, while the role of “guardian” is legal. Thus, a sponsor is not automatically a guardian when the parents die. But a parent can take steps to appoint a sponsor as guardian. “I recommend including tutors in both documents. A DPG is a kind of `safety net,` especially for underage children,” Moss says. “This allows a guardian to serve immediately after the incapacity or death of the surviving parent, rather than for the minor to become a ward of the state until the guardianship proceedings are completed.” If a legal guardian has obtained parental responsibility, he or she would be responsible for: In this case, your child`s legal guardian could then apply to the court for parental responsibility and rights and apply for an order for your child to live with him or her permanently. Keep in mind that if a child has godparents and there is no guardian, if something happens to the child`s parents, the court will determine who was the sponsor when determining who should be appointed guardian of the child. A sponsor is usually someone the parents have chosen to sponsor the child in a church. It is most commonly found in Christian churches, although other religions also have the role of godfather. Before modern guardianship laws, godparents also assumed responsibility for raising children in case parents were unable to do so. However, this was not a legal norm, but simply a tradition that some people still (wrongly) confuse with the law.
A guardian, on the other hand, is a person or persons officially named in a will. The appointed guardian is the person whom a court would appoint as legal guardian of a child if both parents died and/or were unable to care for the child. At Epilawg, we`ve had many articles on what to consider when appointing a guardian (see Anna Lima`s post, Appointing a Guardian for Minor Children, and Jamie Held`s post, Appointing a Guardian) in her will.