Legal Question in Wills and Trusts in California
I have a longtime family friend who is 97. He's lived alone in his house, but in the past year has had a startling mental decline, and now has mostly lost his faculties. He has no immediate family, and recently was taken to a public convalescent home. I'm afraid they'll try to appoint a conservator, which I know he wouldn't want. I've known for years he's named me as Executor of his Will and Trust, and I'm pretty sure there's a directive in there that I can make decisions for him if he's incapacitated. However, I need the Will, I've never had a copy. He has it in his house, he's told me for years where to find it. He also gave me a key to his house three years ago. My question is, can I legally enter his house to secure these documents? I have reason to believe they might not be safe there, with him being gone. Also, I'm afraid the convalescent home will try and take control, or he'll get "lost in the system". Although he's still alive, as named Executor I would think it's important I secure his documents now.
Any advice would be appreciated.
2 Answers from Attorneys
If you have a Durable Power of Attorney, then his disability may have activated your decision making powers. If you have a key and a legitimate purpose for entering his residence, then you are not breaking and entering, and an invitee Contact me directly.
You need his consent. If you have a key, that is good enough. If you do not, your best course of action is to be appointed his conservator yourself, to avoid a public conservator. You should contact an attorney local to you if you need assistance.
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