Estate Planning and Legal Guardianship

Estate planning has many different facets, such as a will, durable power of attorney, health care power of attorney, estate administration, trusts, tax planning strategies, and, for some, legal guardianship.

A legal guardian protects, cares for, and looks out for the well-being of an individual who cannot care for themselves. That individual could be a child under 18 years of age or someone else who is unable to care for themselves, such as an adult child with disabilities or an elderly parent. If you are currently a legal guardian to an individual and want to ensure they will be cared for if you become physically or mentally incapacitated or die, you can do that by naming a legal guardian in your estate plan.

A legal guardian can be a friend, family member, or someone you believe will act in the individual's best interest. They must be at least 18 years old, and you can name multiple guardians.

Generally, legal guardians are responsible for acting on behalf of and in the best interest of the individual in their care until the individual turns eighteen or it is determined they no longer need a guardian.

If required, a court can assign a legal guardian. The court considers the guardian's stability, ability to care for the child properly, the relationship between the parents and the guardian, their moral character, and the child's preferences. As the final authority, the court plays a crucial role in appointing a legal guardian.

Types of Legal Guardians

There are many different ways to describe the various types of legal guardianships.

Guardianship of Minors
Someone appointed to care for the needs of a child under 18 is considered a guardian of a minor. They often manage personal and financial decisions.
Guardianship of Elderly
Sometimes, older adults get to a point where they can no longer properly care for themselves or make informed decisions on their own behalf, so an elderly guardian may be appointed.
Legal Guardianship for Adults
Sometimes, adults (often with severe disabilities) are unable to care for themselves or make decisions on their own behalf, so a legal guardian is appointed.
Medical Guardianship
If an individual is incapacitated and unable to make medical decisions for themselves, a medical guardian may be appointed to make them on their behalf.
Pet Guardianship
If you have pets you want to ensure are taken care of by someone you trust in the event that you cannot do so, you can name a pet guardian in a living trust or will.
Financial Guardianship or Guardian of the Estate
Also known as conservators, financial guardians manage someone's financial assets and make financial decisions on their behalf.
Full Guardianship
Someone with full guardianship has complete responsibility and decision-making authority over someone's legal, financial, and personal affairs.
Limited Guardianship
Someone with limited guardianship is responsible for some but not all of an individual's needs.
Joint Guardianship
You can appoint more than one guardian with shared responsibilities. This can sometimes make sense but can also lead to disputes between guardians.
Guardian of the Person
A Guardian of the Person is responsible for custody and care of the individual, including housing, feeding, clothing, and other basic needs. They can decide about the individual's education, where they live, etc.
Guardian Ad Litem
Finally, the court can appoint a "Guardian Ad Litem" to represent a minor's legal interests. This type of guardian is typically appointed in divorce cases, probate matters, or when a minor has been neglected or abused.

How and When to Choose a Legal Guardian?

Choosing a legal guardian—whether for yourself if you become incapacitated, a child, or someone else you care for—should not be taken lightly. Often—but not always—a family member is the logical choice.

You should evaluate potential candidates by asking the following questions and then discuss it with them.

Are they willing and able to take on the responsibility?
Are they healthy?
Are they financially stable?
Are they responsible?
Where are they located?
Can they make hard decisions?
If the guardianship is for your child, how well do they know them, do they get along, do they share similar values with you, how would your child's life look like with this person, etc.?

If you are pregnant, have children, or care for anyone else and haven't already done so, you should consider the process of naming a legal guardian for them. You may also consider your choice of legal guardianship before a significant medical procedure, after marriage, after a divorce, or after any other life-altering situation.

We Can Help You Designate a Legal Guardian Before It's Too Late

Nobody wants to think about what will happen when they pass away or if they become incapacitated, and many people assume they have more time; however, continuing to ignore or put off the inevitable may cause undue stress and expenses for your family when you do pass away or if you become incapacitated. An estate plan can make things easier for your family and ensure your wishes are followed.

Don't wait! Contact the experienced estate planning attorneys at Bingaman Hess today 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.