Q: My wife and I are in the process of estate and long-term-care planning. Because we needed advice concerning our investments, we began seeing a financial planner who, in addition to advising us about investment strategy, sold us long-term-care and life insurance. He now tells us that he can prepare our wills and powers of attorney and save us what a lawyer would charge to perform these services. While we like the "one-stop-shop" approach, we are concerned that he is going too far.

A: So are we. Generally speaking, the definition of the "practice of law" includes -- but is not limited to -- giving legal advice, examining or giving opinions about the legal effect of an act, a document or a law, or preparing documents that carry legal effect. It is irrelevant whether the individual providing these services charges a fee or not.

While the practice of law in the arenas of long-term-care and estate planning often involves the combined efforts of a team of professionals from a number of disciplines (including lawyers, financial planners, certified public accountants and insurance agents), people who have not been admitted and sworn in as lawyers should not provide legal advice or prepare legal documents. This means that the preparation of living trusts, wills, durable powers of attorney and other estate-planning documents by non-lawyers is generally prohibited.

Every state limits the practice of law to licensed attorneys in order to protect the public from unsound legal advice and incompetent representation. In some states, practicing law without a license is a misdemeanor or felony. The reason for these laws, in our view, is that the potential for harm and the actual harm caused by unlicensed people who advise members of the public about their legal decisions, and who prepare legal documents, outweighs any potential savings or gains to the public.

Based on our research, the Michigan Bar Association has one of the better Web sites for members of the public in this area. If you take the time to visit www.michbar.org, click on "Public Resources" and then on "Consumer Tips and Alerts," you will find some easy-to-understand information that we believe will assist you in this area. An example concerning a Michigan couple is illustrative: A non-lawyer placed their taxable estate into a joint trust that created a federal estate tax liability of about $200,000. Fortunately, the couple had the trust documents reviewed by an attorney, who found the problem and prepared appropriate documents that avoided the tax.

Based upon our research, it appears that the elderly may be most at risk. Qualified professionals in the financial planning and insurance field make referrals to qualified lawyers and vice versa. We believe that non-lawyers who give legal advice and prepare legal documents are stepping over the line and should be subject to severe sanctions.