Legal Question in Wills and Trusts in Florida

Accountings are not required for your own trust because you have no obligations to anyone but yourself. However, when you are trustee of another's trust, accountings may be required. Florida law says that accountings to qualified beneficiaries, people who might become beneficiaries of a trust when a triggering event such as your mother's death occurs, are necessary if the trust has become irrevocable. In most instances a revocable living trust, which seems to be what your mother has, becomes irrevocable upon the death of the creator of the trust. However, it is a gray area when the creator of the trust has been declared incapacitated. The trust is probably still revocable, but you would likely have to get court permission to do so.

Your best course of action in this case might be to go ahead and start giving accountings. If done properly then anyone to whom you send the accounting would have to object to your activity as trustee within six months of receiving the accounting or be forever barred from objecting to anything revealed therein.

By the way, the Power of Attorney allows for control of assets outside the trust, and use of a Power of Attorney has its own rules. You should seek counsel familiar with these matters in order to get clear direction on the steps you should and should not take.

Deemed incompetent by whom? Have you been appointed her guardian?