Who Needs a Legal Guardian, and Why?

As Family Law attorneys, we’re often asked questions about guardianship.

As Family Law attorneys, we’re often asked questions about guardianship. What is a guardian? Who needs a guardian, and why? Every person, every family, and every situation is unique.

What is a Legal Guardian?

A legal guardian is someone who has legal authority and responsibility to care for all or some of another person’s (called a ward) personal and property interests. A guardian can make decisions on someone’s behalf when they are unable to do so. Typically, legal guardianship is for minors, developmentally disabled adults, and older adults who have become incapacitated.

Different types of guardianship determine how much authority a guardian has and what decisions they can make:

• Full guardianship allows the guardian to make all decisions on behalf of the ward.

• Limited guardianship allows the guardian to make certain decisions.

• Co-Guardianship allows two guardians to make all or certain decisions on behalf of the ward.

• Short Term Guardianships allow guardians to make decisions for a period of time during emergency situations until the ward can make his or her own decisions.

• Guardian ad Litem is a guardian that is appointed by the court to represent the best interest of the ward during legal proceedings.

Here are some of the decisions a legal guardian may be able to make on behalf of the ward:

• Financial decisions

• Medical Care

• Where the person will live

• Where the ward will go to school

A guardian can be selected by an individual, such as the ward’s parents, or the court. In most states, anyone who is 18 years or older can become a guardian.

Who Needs a Legal Guardian, and Why?

Minors of Deceased Parents

Typically, a parent or parents have natural guardianship over their biological children who are under 18 years of age. And, usually, once that child turns 18, that natural guardianship is done, and he or she can make legal decisions on their own behalf.

However, if both parents of a minor are deceased, someone else needs to be designated as a guardian. The parents can plan who that guardian will be in their estate plan. If the parents have not designated a guardian in advance, the court will appoint a guardian, which can cause complications.

• The court-appointed guardian may not be the person the parents would want to take care of their children.

• If a parent has not appointed a guardian, family members could end up in a legal battle over who cares for the child, causing more stress for the children and possibly destroying family relationships.

• There are legal costs associated with guardianship proceedings.

• A court-appointed guardian will be required to seek court approval for many actions and submit detailed yearly reports until the child turns 18.

• Once that child becomes 18, he or she receives any estate that remains whether or not he or she is mature enough to handle it.

You can avoid all this by designating a guardian in your will, set up a trust for him or her, so they receive the balance of the estate at an age they are more prepared for it and name a trustee to manage the estate until that time.

A Child With Cognitive Disabilities

As we said earlier, parents have guardianship of a child until he or she turns 18. That includes children with cognitive disabilities. If you have concerns about your child’s ability to care for themselves or make good decisions for themselves, you can petition the court to be the child’s guardian and name a successor guardian after you die or are no longer capable of caring for the child.

Aging Adults With Decreased Cognitive Function

According to the World Health Organization, approximately 50 million people have dementia, and there are nearly 10 million new cases every year. It defines dementia as “a syndrome in which there is deterioration in memory, thinking, behavior, and the ability to perform everyday activities.”

Often, a person with dementia is unable to make rational or informed decisions for themselves or even care for themselves properly. If that person refuses assistance or care, it can be dangerous.

If you are concerned about an aging parent or loved one’s ability to make rational decisions, legal guardianship gives you the legal right to make decisions for them.

What is Your Next Step?

The experienced Family Law and Elder Law Attorneys At Bingaman Hess can help ensure that you and your loved ones are taken care of no matter what happens. Give us a call at 610.374.8377 or find us online.

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Business Succession Planning

By Mahlon Boyer • May 30, 2026

Business succession planning is an important process that helps business owners prepare for the upcoming transfer of ownership and leadership. Whether the transition involves passing the company to family members, selling to business partners or transferring ownership to outside buyers, having a clear succession plan helps reduce uncertainty and protect the long-term security of the business. A careful plan can also minimize disputes, preserve business value and ensure continuity in periods of change. Planning for Business Transfer The first step in business succession planning is identifying how the business will be transferred and who will assume control. Business owners should evaluate their long-term goals, retirement plans, and the financial needs of both the company and their family members. Some owners choose to pass the business on to children or relatives who are already involved in operations. Others may transfer ownership to key employees, business partners or third party buyers. Each option has different legal, operational and financial consequences. A successful transition often takes years of preparation. Potential successors may need leadership training, operational experience and gradual increases in responsibility to ensure they are ready to effectively manage the business. Good communication with family members, partners and stakeholders is also important to avoid misinterpretations and conflict. Business owners should work with legal and financial professionals to create formal succession documents, update corporate records, and establish a realistic timeline for the transfer process. Use of Buy-Sell Agreements Buy-sell agreements are an essential part of many succession plans. These legally binding agreements specify what happens to the interest of a business owner if certain events occur, such as retirement, disability, death or voluntary departure from the company. A buy-sell agreement typically defines who may buy the shares of the departing owner, how the business interest will be valued and the terms of payment. This structure helps maintain stability and prevents ownership disputes that could disrupt operations. For businesses with multiple owners, buy-sell agreements provide understanding and protections for all parties involved. They can prevent unwanted external ownership and ensure that remaining owners retain control of the company. Funding mechanisms are also important. Many businesses use life insurance policies to fund buyouts in the event of an owner's death. This allows surviving owners or family members to complete the transfer without putting financial hardship on the business. Tax Considerations Tax planning is an important part of business succession planning. If the transfer of ownership is not well planned, the business owner and successor will face a substantial tax liability. Depending on how the transfer takes place, the owners may face capital gains, estate, or gift taxes. With good planning, these tax burdens can be reduced with trusts, step-by-step ownership transfers, family partnerships, or changing the type of business entity. Another important factor is valuation. A proper valuation of a business is important for determining tax liability and ensuring that everyone involved in the transfer is treated fairly. Business owners should regularly review their succession plans with accountants, tax advisors, and attorneys, as tax laws are often changing. Regular updates keep the plan in line with changing legislation and the business’s needs. Let Us Help You Navigate the Essentials of Business Succession Planning Don’t wait! Talk to one of the experienced estate planning attorneys at Bingaman Hess today at 610.374.8377 or contact us online. This article is for informational purposes only and does not constitute legal advice. No one may rely on this information without consulting an attorney. Anyone who attempts to use this information without attorney consultation does so at their own risk. Bingaman Hess is not and shall never be responsible for anyone who uses this information. It is not legal advice.