You're a Fairy Godparent?

The Fairy Godparents

In the best bedtime stories, the children in distress are saved by their Fairy Godmother, but few people realize that Fairy Godparents still exist today.

When I say they exist, I mean that they don't exist.  But what I really mean is that most people who consider themselves to be "godparents" aren't really godparents under the eyes of the law; therefore, they might as well be fictional.

What is a Godparent?

As the name implies, a godparent has traditionally been a person designated to ensure a child's religious upbringing.  Today, the godparent role isn't restricted to religious upbringing, but the godparent is referred to as the person trusted to care for the child should he/she become orphaned. 

What most people actually mean when discussing godparents is a legal guardian.  For today's discussion, we're going to focus on a godparent protecting and caring for the orphaned child as a legal guardian.

Appointing Godparents

Upon the arrival of a bundle of joy, after picking out a name, one of the first conversations between the new parents involves picking out godparents to take care of the new arrival, "in case something happens."  Sometimes they even go as far as telling the desired godparent of their new role.

In the event that "something happens," how much legal weight do you think a Court gives to the godparents simply telling the judge that the child's parents announced the godparents' new role at a barbecue several years ago?

Preserving the Choice of Godparents

You already know the best way to preserve your desires; put it in writing.  If you are contemplating writing a Will, then  it is common to include a provision appointing the godparents as legal guardians upon your demise if your spouse does not outlive you.

If you do not have a Will, you're not prevented from naming a godparent as your child's legal guardian.  You can appoint your choice of godparent as your child's legal guardian in a separate document.  We're not talking about ending your parental rights or anything because this document wouldn't take effect unless you and your spouse passed away.

Take Action Now

As a parent, I know that the most important responsibility is to protect your child.  If you haven't taken steps to preserve your choice for godparent/legal guardian, then the Court will make that decision for you after you're gone.

Don't wait to take the necessary steps to protect your children because you may not have another chance.  If you need help with the legal formalities of drafting the document of your decision, then contact your attorney.

--Authored by Matthew L. Harris, Esq.,

Matthew Harris Law - Estate Management & Family Law Divisions

1001 Main Street, Suite 806, Lubbock, Texas, 79401-3322, 

Attorney@MatthewHarrisLaw.com

(806) 702-4852 

www.MatthewHarrisLaw.com

Planned Organ Donor

It is a scene that we see played out in EVERY medical drama on TV these days.  The doctor steps in the waiting room to speak to the anxious family and says, "He needs a XXXX transplant." (insert your organ of choice here) 

What you never see is a family respond with, "Ah, no thanks.  He isn't an organ donor, and it's not fair that he gets one when he isn't willing to give, so just let him die."  However, doesn't that seem like a fair response for someone that isn't willing to donate their own organs?

Here's another scenario that the medical dramas rarely depict, but it happens every day in America.  The doctor steps into the waiting room to speak to the anxious family and says, "I'm sorry.  We did everything we could.  Do you know his/her wishes on organ donation?" 

Spouses, Mothers, and Fathers are left to wonder what he/she would have wanted them to do because the deceased never said that they had a preference one way or the other.

By now, you're probably wondering, "Why is this lawyer babbling on and on about organ donation?  What does this have to do with the law?" 

Simply put, to ensure that your wishes on organ donation are known, you need to have it documented.  Your attorney can advise you on the most effective documents to preserve your preference and help you to draft and execute them so you don't have to leave your loved ones guessing when the time comes.

You might be considering a simple Will to distribute property and want to establish your organ donation preferences at the same time.  However, you shouldn't only have your organ donation preference in the Will because it usually isn't read during times of emergencies for medical instructions.

You might already have a Will and all you need is help with your organ donation documents.  You might even be considering a full-blown Estate Plan that you want to incorporate your organ donation preference into.  Whatever your wishes are, there is no time like the present.

Don't delay making your decision because very few people get to make this decision at the time the choice has to be made. 

***Special Thanks to John Reddin of Lubbock, Texas for helping choose today's topic, and to everyone else that participated in this week's Reader's Choice Poll on Facebook and Twitter.***

--Authored by Matthew L. Harris, Esq.,

Matthew Harris Law - Estate Management Division

1001 Main Street, Suite 806, Lubbock, Texas, 79401-3322, 

Attorney@MatthewHarrisLaw.com 

(806) 318-8482 

www.MatthewHarrisLaw.com.