Godparent vs Guardian: Understanding the Difference

There’s a common belief that if you pass away, your child’s godparent will naturally step in to take over their care. While this idea might make sense emotionally, legally, it doesn’t work that way. The truth is, godparents don’t have any legal rights when it comes to caring for your child.

So, who does take care of your child if something happens to you?
This is where a testamentary guardian comes into play. Deciding who will care for your child may be one of the most personal and emotional choices you’ll make, and it’s crucial your decision is properly documented in your Will.

What is a testamentary guardian?
A testamentary guardian is someone you appoint in your Will to be the legal guardian of your child in the event of your death. This person is entrusted with the power to make significant, long-term decisions for your child until they turn 18. These decisions include areas like:

• Education: Where your child goes to school and what type of education they receive.
• Healthcare: Decisions about medical treatments and healthcare providers.
• Religion: What religious practices or beliefs your child is raised with.
• Time spent with others: Who your child spends time with, including other family members.

In most cases, the testamentary guardian also assumes daily care responsibilities and makes everyday decisions, like meals, bedtime routines, and extracurricular activities.

But what if your child’s other parent is still alive?
Things can get more complicated if your child’s other parent survives and there’s conflict within the family. This scenario absolutely calls for personalised, one-on-one legal advice to ensure your wishes are followed and your child is protected.

Can a godparent be a testamentary guardian?
Yes, you can nominate your child’s godparent to also be their testamentary guardian. However, they don’t have to be the same person. Your testamentary guardian doesn’t need to be related to your child—they just need to be an adult you trust to make the best decisions for your child’s future.