Necessary Legal Documentation for Designating Godparents

The role of a godparent

Traditionally, a godparent is someone who has agreed to take on the responsibility of helping parents raise their child in a manner consistent with their religious or cultural background. This "help" can include ensuring that their godchild is raised with the morals and values of their faith, and is involved in relevant events such as communions, bar and bat mitzvahs, confirmations and in passing along religious education. On a more day-to-day level, godparents may also provide a bit of guidance and support to their godchild and their family, in the same manner as an aunt or uncle might do.
The idea of godparenting is embedded in many religious traditions, particularly within Christianity . The role continues to evolve, however, and is sometimes more secular today, simply indicating a close relationship rather than a religious commitment. Many parents of children today do not belong to any faith or have given up on organized religion, so the role of godparent is diminishing, particularly in Western cultures.
There are also some countries that do not officially recognize the role, desiring to preserve the separation between church and state. Because the concept of a godparent varies from one culture to another, it is important for prospective parents to research the implications of appointing godparents in their particular culture, and to determine whether this process involves any legal requirements.

The legalities of designating a godparent

A godparent is a person who is chosen by an individual to take an interest in their child’s upbringing and in the event of the death of the parents, look after the child’s welfare. The role is an important one, and it is surprising how few parents actually consider the legal implications of choosing an individual to assume this position. While a parent can name anyone as a godparent, the only individuals that can actually guarantee the surviving parents will raise the child in the event of their death are those who have been legally named by the individual in their will.

1. Wills and letters of wishes An individual has the legal right to name a guardian in their will, which includes naming the child’s godparents in addition to the parents. This is the best way to ensure that the parent’s wishes in regards to the role of the godparent are adhered to. A guardian’s role outlined in the will can be very flexible, but it is also strongly advised that the parent hold a letter of wishes with notes specifically detailing what they would like to see carried out.
2. Parental responsibility It is also possible to name a guardian in a Parental Responsibility Agreement or through a Parental Responsibility Order. As long as all individuals holding parental responsibility for the child agree, a Parental Responsibility Agreement will allow the parent raising the child to assume guardianship over it. On the other hand, a Parental Responsibility Order can be taken to Family Court to attain the status of legal guardian of the child.

Godparent power of attorney

An important part of empowering godparents with the responsibility to care for your child is establishing a Power of Attorney that gives them the legal ability to do so should you suddenly become incapacitated or die. Parents with designated godparents can create Powers of Attorney that give their chosen guardians specific rights and responsibilities if and when the need arises.
The type of Power of Attorney that you create to give your godparents the authority to take care of your child should be drafted by an attorney to specifically mention the individual rights and responsibilities of the specific parties involved. This document should be legally notarized and filed. Although your godparents will likely function in the manner necessary to protect your child without documentation, the existence of this document streamlines the process of gaining the authority to act on behalf of the child.
Powers of Attorneys can be created that outline financial powers and medical powers. In both instances, it is important that the exact parameters of their rights and responsibilities are expressed to avoid confusion. Some basic elements that are normally included in these documents include:
Parents may also benefit from creating Advance Care Directives to document their wishes for their children should anything happen to them.

Designation of a Guardian

When appointing godparents, parents should consider the legal ramifications of that decision should they themselves die while their children are still minors. Parents don’t always realize that, aside from naming a guardian in a Will to care for their children, they also must nominate that guardian as the child’s guardian under Georgia law or the court will be able to override their decisions.
A Guardian Appointment is used to name individuals you prefer to act as your child’s guardian in the event you die before your child is an adult or at another time your child becomes legally dependent on that person. (For a more detailed discussion on guardianship, see Guardianships and Conservatorships). Your appointed guardian must file an application with the court after your death, and that application must contain certain information in order to prove to the judge that your child’s best interests will be served by appointing the guardian and that no other individual or entity is better suited to serve the role .
In addition to nominating your preferred guardian, the Guardian Appointment has to be signed by your preferred guardian and two people who will witness your signatures. The document must be signed by three witnesses if the guardian was not your spouse or adult child (at least 10 years younger than you). Typically, the Witnesses are family members or friends of the parents.
The Guardian Appointment document must provide details such as:
After the parent dies, the nominated guardian may file an application for guardianship with the court. Along with the application should be a copy of the Guardian Appointment, the child’s birth certificate, and information about the guardian’s relationship with your child, living arrangements, and financial resources he or she has for supporting, housing, and educating your child. The court will set a hearing and notify the nominated guardian and parents about the hearing date and time. During this hearing, the court will make a decision whether to appoint the nominated guardian as your child’s legal guardian.

Common questions about godparent legal documents

How much does it cost to file this paperwork? The filing fees for legal paperwork on behalf of a godchild vary depending on several factors, including the type of document you must file and where you live. On average, though, you will likely pay less than $500 in filing fees.
How long does it take to file this paperwork? The time it takes to file the legal paperwork for your godchild’s care also varies by the county where you file these documents. In some cases, you could receive approval in as little as one week; for others, the process could take months. Generally speaking, if you have the help of a godparent attorney, the matter should take less than three months.
How do you file this paperwork? You file this paperwork in the county that covers your godchild’s primary residence. For example, if your godchild lives in Los Angeles County with their parent, you would file in Los Angeles County. You cannot file in your county, if it’s different, unless you have some special circumstance to file there.
The attorney who helps you process the paperwork will typically file for you.

Updating legal documents

Godparent arrangements are not a set it and forget it job! As life goes on, you will want to be reviewing your Godparent arrangements. Are the individuals still in good standing with your family? Have they had an upward shift in their personal or professional lives and no longer seem the best choice? Are they willing and able to take on the responsibility? Are there new family members who you have been considering but did not select as Godparents for your child? As a rule of thumb, you should set a periodic schedule to review your documents at least once a year. It is nice if the godparents can join you for this period, but if you do not see them often enough, perhaps once every few years is more realistic . Regardless, you should review at least the Guardianship provisions in your estate planning documents to ensure that you are comfortable giving your selected persons the role of guardian and trustee choices for your child. It is important to make sure to do the review when it is convenient for your life, which is often not with the busy holiday season. Find a time where you and your spouse can devote at least an hour together to review these matters. You may also want to schedule some time to talk to your godparents about the expectations of the role and the information you may need from them.