Back to Insight

Legal Questions Associated With Cryonics

Let's tackle some legal questions around cryonics and cryopreservation.
Human Enhancement
|
July 16, 2021
Legal
Tomorrow Bio

So, you’re considering signing up for cryopreservation with Tomorrow Bio, the fastest growing cryonics company in Europe. Great! However, you might be asking yourself, what sort of legal hurdles will you have to go through once you’ve signed up? Let’s find out.

Obstacles To My Cryopreservation

Legal Challenges

One of the biggest challenges for cryonics members is their wishes being ignored by family and friends. There have unfortunately been examples in the past of this occurring particularly in the US. Orville Richardson, who signed up for cryopreservation with Alcor, was embalmed and buried against his wishes to be cryopreserved. Even the first person ever to be cryopreserved, James Bedford, had his decision challenged by his family. Only after a lengthy legal dispute were his wishes honored, and he was cryopreserved in 1967 and remains at Alcor’s long-term facility.

However, despite the challenges, there are ways you can legally ensure your wishes to be cryopreserved are met. Having legal mechanisms in place, as well as informing your loved ones and physicians about your desire to to be cryopreserved can help ensure you have a high quality preservation.

A judge's gavel against a white background.
Having the right legal structures in place can help ensure high quality cryopreservation.

Legal Mechanisms

When you sign up to be cryopreserved, having the necessary legal documents and mechanisms in place can ensure that your wish to be cryopreserved is honored. There are 4 that Tomorrow Bio recommends implementing:

  • Patient Advance Directive (PAD) or living will→This document states what actions you wish to be taken regarding your health if you are no longer able to communicate them to your loved ones or doctors.
  • Last Will→This document states that you wish to be cryopreserved, which can obstruct any legal challenges by objectors.
  • Power of Attorney→You can assign someone either all or some of your human rights to another person acting on your behalf. Tomorrow Bio recommends having this in writing since healthcare matters require a written document.
  • Permission to Be Present→A verbal or written statement stating that prior to your legal death, you allow the standby team (SST) to be present in the hospital with you.

When you sign up with Tomorrow Bio, as part of our Welcome Box, we will provide you with templates for both a PAD and a Last Will. It is important to make sure that these are notarized by a legal professional to reduce any impediments to your cryopreservation. Additionally, you can send us a copy, so that we will have all the documentation available at the time of need.

What can also help is informing your loved ones and medical professionals about your decision to be cryopreserved can help reduce obstacles. By making clear your intentions, your loved ones can help ensure that your cryopreservation runs smoothly and is of the highest quality. As part of the Welcome Box, members are also given emergency cards that explain your wish to be cryopreserved, along with our emergency contact information. Being proactive, and keeping everyone in the loop is the best method to reduce any legal challenges to your decision. 

A man and woman hugging each other tenderly.
Informing your loved ones about your decision can help facilitate a smooth process.

Legal Status Post-Cryopreservation

What Will My Legal Status Be?

Cryopreservation takes place after legal death has been declared. When someone legally dies, they are no longer a legal citizen because of this change in status. For members, responsibilities regarding your body would be assigned to your cryonics provider. 

But what does this mean after revival? How would your status change?

It is unclear how this will change. It remains to be seen how legal systems will adapt regarding cryonics members who’ve undergone legal death and eventual revival. Our closest equivalent we can see today is when someone is declared legally dead after having been missing for a period of time. If someone has been missing for, let’s say, ten years, they will be declared legally dead. However, if they return after being declared dead, their legal status is usually reinstated depending on the circumstances. 

For cryonics members, this could potentially mean a change in definition of what constitutes someone as legally dead. Our modern understanding of death has changed over time, so cryonics could further redefine what it means to be ‘dead’.

Money and Cryopreservation

What Happens To My Money?

The better question to ask is: who holds my money when I am cryopreserved? Part of the funds to pay for your cryopreservation with Tomorrow Bio (€120.000) will be used for long-term storage which can be indefinite. Once you are cryopreserved the funds are managed by a patient care trust called the Tomorrow Patient Foundation (TPF). TPF puts these funds into low risk investments that have an annual yield of 1-2% above inflation. This return is plenty to cover the running costs of long-term patient care at the storage facility.

Conclusion

Much like any post-mortem preparations, there are questions as to what needs to happen prior to your cryopreservation. Having the necessary legal documents and structures in place can help reduce any challenges that may arise prior to your legal death. This requires being proactive to ensure the best quality cryopreservation. So, what legal questions do you have about cryonics?

Feel free to contact us either via Discord, or scheduling a call with us, and see you tomorrow!