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  5. The differences between a godparent and a legal guardian

The differences between a godparent and a legal guardian

On Behalf of Gabor & Marotta LLC | Jul 8, 2025 | Estate Planning |

Naming a godparent for a child when they’re an infant has long been an important part of the Catholic faith. It’s become something that many parents of other faiths do as well. Sometimes, the naming of a godparent (or multiple godparents) has no religious basis at all. 

For Catholics, the person chosen to be a godparent is expected to help their child continue to be raised in that faith if their parents were to pass away or otherwise be unable to care for them. 

Non-Catholics may also expect a godparent to continue to instill in their children their religious and moral beliefs if they can’t be there for them. Some name godparents whom they hope will be mentors and trusted confidantes for their children throughout their lives – even if the parents remain alive and well.

What a godparent isn’t

Too often, parents make the mistake of assuming that a godparent will take over the responsibility of raising their child if something happens to them. They may have a verbal agreement with a godparent to do that.

Unfortunately, that carries no legal weight. Parents need to designate a legal guardian for a child in their estate plan – typically in their will. This will allow the designated guardian to take custody of the child if necessary.  While a godparent can seek to become a child’s legal guardian, that requires court approval, and that request can be challenged by others who think they should be a child’s guardian.

When designating a legal guardian, most parents also leave money specifically for their child’s care. They may give the legal guardian access to the funds or put it in the hands of a trustee or someone else to help ensure that it’s used only for the child’s care and needs.

Designating a legal guardian requires more practical considerations than naming a godparent. It’s important to consider a prospective guardian’s age, health, geography and responsibilities like their career and any children of their own. Of course, it’s still important to choose someone who shares the parents’ values – whether religious-based or not. It’s also crucial to make sure the chosen guardian (and any backup options) fully agree to take on this role if it becomes necessary.

Designating a legal guardian for a child is one of the most important estate planning choices that parents can make. Having sound legal guidance can help parents properly codify their decision and help ensure that their child will be cared and provided for should they be unable to do so.

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