O 54 Molly and Mark have a 25-year-old son, James, who has a mental disability. Recognizing the importance of securing James's well-being after their time, they plan to draft a will that includes provisions for his guardianship. They consult their friend Erin, who has some estate planning knowledge, about the necessary steps for guardianship. Which of the following statements Erin provides about guardianship for their disabled adult son is FALSE?
a) The courts may grant a guardianship of person, which pertains to decisions about James's personal care, and a guardianship of estate, which involves managing James's finances.
b) Once Molly and Mark name a guardian for James in their will, the court will automatically grant guardianship and presume James is mentally incompetent. No evaluation is required.
c) Even if Molly and Mark name a guardian for James in their will, the named guardian will still have to apply to the courts for legal guardianship of James.
d) Depending on James's capabilities, the court might grant limited guardianship, allowing the guardian to make only certain major decisions on his behalf.
