frolick

Lawrence A. Frolik
Of Counsel

Education

1971-72 Harvard Law School LL.M. cum laude
1966-69 Harvard Law School J.D. cum laude
1962-66 University of Nebraska B.A. with Distinction
Majors: English and History
Awards: Phi Beta Kappa

Admitted

  • Pennsylvania, 1976
  • Massachusetts, 1973
  • New York, 1970
  • United States Tax Court, 1974
  • United States Third Circuit Court of Appeals, 1977

Distinctions

  • 1996 University of Pittsburgh Law School Excellence in Teaching Award
  • 1993 University of Nebraska Outstanding Alumni Award

Community Involvement

  • Editor-in-Chief, NAELA Law Journal (2006 – 2008)
  • Fellow, TIAA-CREF Institute
  • AARP Financial Management Group Volunteer Representative (2007 -2008)
  • American Bar Association Committee on Bioethics
  • Past – Chair ABA Torts and Insurance Practice
  • Section Seniors Issue Committee (2002-2003)
  • Past Co-Chair ABA Tort Trial and Insurance Practice Section Medicine and Law Committee (2000-2001)
  • Editorial Board Member, Tort Trial and Insurance Practice Law Journal
  • Board of Directors, Kendal Corporation
  • Member, Pennsylvania AARP Executive Council
  • Board of Advisors, Journal of Victimization of the Elderly & Disabled
  • Board of Advisors, Elders Advisor
  • Academic Advisor, The Borchard Foundation Center on Law & Aging (1999 – 2004)
  • Member, Pennsylvania Council on Aging (appointed by Governor Rendell)
  • Member, Allegheny Children, Family and Youth Services Advisory Committee
  • Chair, Pennsylvania Bar Association Elder Law Section (2001- 2003)
  • Director, Gruter Institute Teaching Conference on Law, Biology & Human Behavior, Squaw Valley, California (1996 2000)
  • Executive Committee Gruter Institute for Law and Behavioral Research (1996 – 2002)
  • Gruter Institute Research Fellow, Gruter Institute for Law and Behavioral Research
  • Fellow, American Bar Foundation
  • Academic Fellow American College of Trust and Estate Counsel
  • University of Pittsburgh Task Force on Healthy Aging
  • Chair, ABA Section on Real Property, Probate and Trust Law; Committee on Special Problems of Guardians and Conservators (1992 96)
  • Congressional Appointed Delegate, 1995 White House Conference on Aging
  • Board of Directors, Allegheny County Association for Retarded Citizens (1991-93)
  • Chair, Pennsylvania Protection and Advocacy Network (1980-81)
  • President, Aging and the Law Section, Association of American Law Professors (1993- 94)
  • Member, University of Pittsburgh Benedum Geriatrics Group
  • Member, Allegheny County Aging Task Force
  • Member, Allegheny County United Way Senior Connection
  • Member, Pennsylvania Attorney Generals Task Force on Elder Abuse
  • Member, National Academy of Elder Law Attorneys
  • Member, ABA Section on Real Property, Probate and Trust Law
  • Member, Allegheny County Bar Association, Trust and Probate Section Council
  • Member, Allegheny County Bar Association, Elder Law Committee
  • Member, Pennsylvania Par Association Elder Law Committee
  • Member, University of Pittsburgh Council on Aging

LAWRENCE A.
FROLIK

Professor of Law
University of Pittsburgh
School of Law
Pittsburgh, Pennsylvania 15260

Recent experience includes:

  • 1975 – 2009
    University of Pittsburgh School of Law
  • 1975 – Assistant Professor of Law
  • 1978 – Associate Professor of Law
  • 1981 – Professor of Law
  • 1972-75 Attorney, Lourie & Cutler, Boston, MA
  • 1977 (Summer) Visiting Assistant Professor of Law, West Virginia University College of Law
  • 1978 Visiting Associate Professor of Law, University of Illinois College of Law
  • 2000-2004 Visiting Professor, University of Miami Law School Graduate Program in Estate Planning

Other Experience

  • 1969-71 Captain, U.S. Army; 2nd Division Artillery, Korea
  • 1980-81 Consultant on Issues in Guardianship, Pennsylvania Developmental Disabilities Council
  • 1984-87 Consultant, Pennsylvania Joint Legislative Advisory Subcommittee on Guardianship Reform
  • 1985-86 Consultant, American Association of Retired Persons, Elderly Hotline Project
  • 1988 Participant, Johnson Foundation/ABA Wingspread Guardianship Conference
  • 1989 Consultant, Wisconsin Supreme Judicial Council Guardianship Reform
  • 1992 Lecturer, Louisiana Judicial College
  • 1993 ABA Senior Lawyers, Task Force on Guardianship Reform
  • 1993 95 Participant, Gruter Institute Conference, Biology and the Law
  • 1996 2000 Director, Gruter Institute, Law, Biology and Human Behavior Annual Squaw Valley Conference
  • 1997- 2002 Director, Pittsburgh Office, Gruter Institute for Law and Behavioral Research
  • 1998 – 2000 Chair, Planning and Programming Committee, Gruter Institute for Law and Behavioral Research
  • 1999-  Member, Treasurer (2005- ) Board of Directors, The Kendal Corporation,
    (Affiliated with Society of Friends (Quakers) Parent Corporation for Continuing Care Retirement Communities)
  • 1999- Member, The Borchard Foundation Center on Law & Aging, Academic Advisory Board
  • 2001 – 2003 Chair, Pennsylvania Bar Association Elder Law Section
  • 2001 – 2006 Member, American Bar Association Bioethics Committee
  • 2002 – Trustee, The Family Trust (ARC created pooled trust for disabled persons)
  • 2002 – 2008 Pennsylvania AARP Executive Council, Member for Policy Issues
  • 2002 – 2003 Chair, Seniors Issues Committee, American Bar Association Torts Trial and Insurance Practice Section
  • 2003 – 2005 Member, Pennsylvania Council on Aging
  • 2008 – Member, American Bar Association Senior Lawyers Division Council
  • 2008 – Chair, Publications Committee, American Bar Association Senior Lawyers Division
  • 2007 – Member, Emerging Issues Committee, American Bar Association Torts Trial and Insurance Practice Section

Articles

  • Surrogate Decision-Making Standards for Guardians:  Theory and Reality, (with Linda Whitton) U. of Pittsburgh Legal Studies Research Paper No. 2012-06.
  • Rethinking ERISAs Promise of Income Security in a World of 401(k) Plans, 20 Connecticut Insurance Law Journal 371 (2014).
  • How to Avoid Guardianship for Your Clients and Yourself!, 23 Experience 26 (2013)
  • Protecting Our Aging Retirees:  Converting 401 (K) Accounts into Federally Guaranteed Lifetime Annuities, 47 San Diego Law Review 277 (2010).
  • Core Values in Conflict: The United States Approach to Economic Assistance to the Elderly, 1 Phoenix Law Review 325 (2008).
  • An Essay on the Need for Subsidized Mandatory Long-Term Care Insurance, 21 Notre Dame Journal of Law, Ethics & Public Policy 517 (2007).
  • Is a Guardian the Alter Ego of the Ward?, 37 Stetson Law Review 53 (2007).
  • The Challenges of Estate Planning With a Very Old Client, 34 Est. Plan. 3 (May 2007).
  • Issues Facing Elderly Americans, American Association for Justice (Feb. 2007).
  • ‘Sufficient’ Capacity: The Contrasting Capacity Requirements For Different Documents, (with Mary F. Radford) 2 NAELA Journal 303 (2006).
  • Paying for Long-Term Care, 17 Experience 35 (ABA Senior Lawyers Division, Fall 2006).
  • ‘Old Age with Fears and Ills’: Planning for the Very Old Client, 38th Annual University of Miami Philip E. Heckerling Institute on Estate Planning (2004).
  • Assuring Quality Nursing Home Care: A Case of Market Failure, 9 Ethics, L. & Aging Rev. 43 (2003).
  • Housing Choices and Older Clients:  Dealing with Issues of Identity and Quality of Life, 24 Pennsylvania Lawyer 26 (Nov/Dec 2002).
  • The Clients Desire to Age in Place:  Our Role as Elder Law Attorneys, NAELA Quarterly (Summer 2002).
  • Promoting Judicial Acceptance and Use of Limited Guardianship, 31 Stetson Law Review 735 (2002).
  • The Developing Field of Elder Law Redux:  Ten Years after, 10 University of Illinois Elder Law Journal 1 (2002).
  • Insurance Fraud on the Elderly, 37 Trial 48 (June 2001).
  • Nursing Home Litigation: The Good, the Bad and the Ugly, 7 Ethics, Law, and Aging Review 117 (2001).
  • The Strange Interplay of Testamentary Capacity and the Doctrine of Undue Influence:  Are We Protecting Older Testators or Overriding Individual Preferences?, 24 International Journal of Law and Psychiatry 253 (2001).
  • Estate Planning for United States Clients Who Own Property Abroad, 13 NAELA Quarterly 21 (2000). 

Practice Areas

  • Estate Planning
  • Trusts
  • Elder Law
  • Federal Tax Policy
  • State and Local Finance and Taxation

Recent Publications

BOOKS:

Residence Options for the Elderly or Disabled Client (ABA 2008)

The Law of Later-Life Health Care and Decision Making, (ABA 2006)

Law of Employee Pension and Welfare Benefits, 2d ed.  LexisNexis (co-author Kathryn Moore) (2008)

Law of Employee Pension and Welfare Benefits Teachers Manual, LexisNexis (co-author Kathryn Moore) (2008).

Law of Employee Pension and Welfare Benefits Statutory Supplement,LexisNexis (co-author Kathryn Moore) (2007).

Aging and the Law Reader, editor, Temple University Press (1999)

Residential Options for Older or Disabled Clients, ABA (2007).

Counseling the Older Client, American Law Institute-American Bar Association (co-authors, Barnes & Whitman) (1997).

Elder Law in a Nutshell, 4th  edition, West (co-author, Richard Kaplan) (2006).

Advising the Elderly or Disabled Client, 2nd edition, Warren, Gorham & Lamont (co-author Melissa Brown) (1999 plus semi-annual supplements).

Elder Law:  Cases and Materials, 4th edition LexisNexis (2007)(co-author Alison Barnes)

Elder Law:  Selected Statutes and Regulations, LexisNexis (2007) (co-author, Alison Barnes).

Teachers Manual for Elder Law:  Cases and Materials, 3rd edition LexisNexis (2007) (co-author Alison Barnes).

Presentations

  • Guardianship Decision Making in Theory and Practice, July 24, 2011, Southeastern Association of Law Schools Annual Meeting, Hilton Head, South Carolina.
  • Guardianship Decision Making Under the UPC, Oct. 20-21, 2011, ACTEC Conference.
  • Review of the Uniform Probate Code, Univ. of Michigan Law School, Ann Arbor, Michigan.
  • Guardianship: Vulnerability & Protection versus Autonomy & Independence, Oct. 22, 2011, and Aging in the United States: The Next Civil Rights Movement, Beasley School of Law, Temple Univ., Philadelphia, Pennsylvania.
  • Foundations of Guardianship Decision Making, Jan. 6, 2012, AALS Annual Meeting, Washington, D.C..
  • The Doctrinal Dimensions of Elder Law, Jan. 12, 2012, Univ. of Iowa College of Law, Iowa City.
  • End-of-Life Decision Making: Informed Consent Has Become Family Consent, March 25, 2012, Columbia Univ. Seminar Conference on Death New York, New York.
  • Update on Guardianship, June 24, 2012, ACTEC Annual Summer Meeting, Atlanta, Georgia.
  • Guardianship Decision Making, Oct. 14, 2012.
  • Participant, Speaker, and Voting Delegate at National Guardianship Reform Conference, Univ. of Utah College of Law, Salt Lake City, Utah.
  • Dealing with the Partially Incapacitated Client: How to Prevent Financial Abuse, Undue Influence and Other Ills of Aging, December 14, 2012, Hawaii Bar Association, Honolulu, Hawaii.
  • Update on Estate and Elder Law Issues, Feb. 25, 2012, Pennsylvania Academy of Elder Law Attorneys, Bedford Springs, Pennsylvania.