Many parents remember the moment they chose their child’s godparents. It may have involved a heartfelt conversation, or a shared understanding that “if anything ever happens to us, you’ll take care of our child.”     

But there’s an important reality every parent should understand: the title “Godparent” has no automatic legal status under Ontario legislation. A godparent does not automatically gain custody, guardianship, or decision-making authority. 

This misunderstanding is sometimes called the “Godparent Fallacy”: the belief that naming godparents or making informal agreements is enough to legally protect your children. While the intention is loving and sincere, these arrangements do not carry legal authority in an Ontario court. 

Informal agreements aren’t enough

Designation of godparents and verbal promises, whether religious or informal, does not give anyone the legal right to make decisions for a child or assume care after a parent’s death.

If a child’s parents pass away, a court ultimately has authority over who will have decision-making responsibility, based on the child’s best interests under the Ontario’s Children’s Law Reform Act. Without written guidance from the parents, the court must rely on evidence, applications from family members, and existing caregiving arrangements to determine the outcome, which can lead to delays, uncertainty and conflict among well-meaning relatives who each believe they know what the parents would have wanted.

What happens if no guardian is named

If there is no surviving parent (or guardian), children are usually cared for immediately by a relative or trusted adult. However, if there is no clear or appropriate caregiver available, or if there are child-protection concerns, the Children’s Aid Society (CAS) may become involved on a temporary basis.

While Ontario courts strongly prefer placement with family or familiar adults whenever possible, the lack of a clear plan can create unnecessary stress and legal complexity at an already difficult time.

Financial matters can also be delayed. When a parent dies, assets are generally frozen until an estate trustee is appointed, and minor children cannot receive an inheritance directly. 

Naming a guardian in a Will allows that person to immediately act as a guardian for up to 90 days until long-term arrangements are finalized by the court. It allows parents to express direct wishes to the court.

How to strengthen your plan

Creating a plan doesn’t have to be complicated. You can significantly reduce uncertainty by taking a few key steps:

• Choose a guardian and an alternate. Select someone you trust to care for your children and name a backup option. Always have open conversations to confirm willingness and readiness. 
• Document wishes in a valid will. A properly drafted Will identifies a temporary guardian and clearly communicates your intentions to the court.
• Proper execution. The Will must be signed in accordance with Ontario law, including proper witnessing, to be legally valid.

Getting your affairs in order is one of the most meaningful acts of care you can take as a parent, and tools like LegalWills make it simple to create a legally valid Ontario Will that communicates those wishes clearly. Peace of mind isn’t automatic, it’s planned.