How do you legally make someone a godparent?

In Florida, there is no legal title called “godparent.” However, you can designate someone to be the guardian of your children if both parents pass away. This is called a “preneed guardian.” To designate a preneed guardian for your minor children, you need to submit the appropriate paperwork to the Clerk of Court.

The term “godparent” causes a lot of confusion. Technically, role of “godparent” is a religious role, not one established by our legal system. A godparent is someone who sponsors the child’s baptism. Often, godparents are also expected to be involved in the religious upbringing of the child. A male godparent is a “godfather,” and a female godparent is a “godmother.” The child is a “godchild.” To designate a godparent, you should speak with a priest, pastor, or similar figure who serves within your church, temple, synagogue, etc.

However, often what people mean by “godparent” is the person who would raise a child if both parents died. If that is what you are attempting to set up, then you need to speak with an attorney to help you designate a “preneed guardian.”

A preneed guardian for minor children is a person you designate to take care of your minor children should you pass away. This person will also step in if both parents are incapacitated (or if one is dead and the other is incapacitated). For example, imagine that Melissa is a four-year-old whose parents were in a car accident. Melissa’s father died in the car accident, and the mother is in the ICU. If that occurs, then the person designated as Melissa’s preneed guardian would have the authority to begin taking care of Melissa. And if the mother later passed away, then the preneed guardian would become Melissa’s presumed guardian, and a judge would confirm that guardianship unless the judge had good reason to do otherwise (such as the preneed guardian refusing to serve as guardian). Simply put, if you are a parent of minor children, you need to designate a preneed guardian for those children.

To designate a preneed guardian for minor children, you (or your attorney) must file a document with the Clerk of Court nominating the person you select. That document must identify both current guardians and be signed by them in front of two witnesses, who must also sign the document. The document also must contain the following for each minor child:

• full name, as it appears on the birth certificate,

• date of birth,

• social security number, if any.

In my office, we also prefer to get the document notarized, just to help avoid any future potential challenges to the designation.

To get a designation of preneed guardian completed, make an appointment with a guardianship and estate planning attorney. You should also note your choice of guardian in your last will and testament. The attorney will guide you through the process, draft the documents, and file for you with the Clerk of Court.