X-Message-Number: 1428
From: Graham Wilson <>
Subject: CRYONICS - Legal Suggestions
Date: Sat, 12 Dec 92 15:38:31 WET

I was wondering what people's comments might be on the following ideas :


(1) The recent cases involving issues of death registration have 
demonstrated the inability of the law to deal with the suspended
cryonic patient.

One solution to this problem might be to develop an "intermediate"
death certificate. Under normal circumstances, when a person
dies their relatives would be issued with a conventional death
certificate. However, where someone who has opted for cryonic 
suspension "dies" they would be issued with this new "intermediate"
death certificate. I would propose that the rights, powers and
duties associated with the intermediate certificiate would be
defined by statute and would include specific requirements. These
requirements might include allowing the creation of perpetual 
trusts, the creation and appointment of a new type of trustee for the 
cryonically suspended patient with powers to act as "next of kin" 
on behalf of the patient and changes to contractual law principles
which would allow certain types of contract to remain valid upon
death. The intermediate certificate would be issued under the 
jurisdiction of the court of protection who would also be
responsible for the powers and duties of the cryonic patient's
trustee.

Can anyone see any problems with this suggestion ? Would there be a 
better way ?


2) Should the state be responsible for looking after cryonic patients
rather than private companies ? Would the same system which we have
in the UK for the protection and treatment of psychiatric patients
be applicable ? Here, they are looked after by the National Health
Service in NHS facilities, although the court of protection takes
responsibility for the control of legal problems and responsibility
for possessions.
 


-- 
         *********************************************************
         *      Graham Wilson      *    *
         *     LL.B.  Law  III     *     Coventry  University    *
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