The legislature finds the
practice of using "living trusts" as a marketing tool by persons
who are not authorized to practice law, who are not acting
directly under the supervision of a person authorized to practice
law, who are not a financial institution, or who are not properly
credentialed and regulated professionals as specified under RCW 19.295.020 (5) and (6) for purposes of gathering information for
the preparation of an estate distribution document to be a
deceptive means of obtaining personal asset information and of
developing and generating leads for sales to senior citizens.
The legislature further finds that this practice endangers the
financial security of consumers and may frustrate their estate
planning objectives. Therefore, the legislature intends to
prohibit the marketing of services related to preparation of
estate distribution documents by persons who are not authorized
to practice law or who are not a financial institution.
This chapter is not intended to limit consumers from
obtaining legitimate estate planning documents, including "living
trusts," from those authorized to practice law; but is intended
to prohibit persons not licensed to engage in the practice of law
from the unscrupulous practice of marketing legal documents as a
means of targeting senior citizens for financial exploitation.
[2009 c 113 § 1; 2007 c 67 § 1.]