X-Message-Number: 1753.1 From: Graham Wilson <> Date: Mon, 15 Feb 93 16:43:48 GMT I would like to say thank you very much to all the people who have helped me with my thesis reserch on cryonics over the last year or so. As promised I enclose a copy of the draft Cryonics Suspension Act (1993) which is part of my final LL.B. Law Degree project. The act essentially sets up a regulatory body and most of the controls on cryonics contained within it are statutory based. Some people will, no doubt, argue that the act is too complex and that cryonics institutions are perfectly capable of administering the interests of patients. Unfortunately, from what I have read and seen I cannot agree with this statement. Although I have been impressed with the operation of Alcor and other cryonics companies I believe that a cryonic patient requires statutory protection, rather than a reliance on someone's "word" or through haphazzard judge-made law each time cryonics comes before the courts. The act is drafted to take account of ENGLISH law and is split into seven sections. The act is by no means complete and I shall probably rewrite it over the next month. It is written in an odd format for the moment for insertation purposes with the thesis. Therefore, cross- references between some of the sections have been left blank. Similarly, I have not yet checked the act for grammar and punctuation. However, I thought people might be intersted to see how it stands at the moment and I would welcome any comments either through the discussion group or mailed direct. My electronic mail address will remain the same until 01st June. However, after this date I can be contacted by snail mail : 71 Durrants Drive, Rickmansworth. Hertfordshire. WD3 3NY. Telephone : Watford (0923) 250548. Once again many thanks. Graham Wilson Department of Law Coventry University Priory Street Coventry. CV1 5FB UK. Cryonics Suspension Act (1993) (Copyright - Graham Richard Wilson 1993) Sections -------- part 1 - creation of authority and powers and duties part 2 - Rights of the cryonic patient at law. Part 3 - Cryo companies - Duties / Obligations. Part 4 - Alteration to the powers of the coroner Part 5 - Contract law Part 6 - Trusts Law Part 7 - Negligence An act to provide for the cryonic suspension and protection of patients placed into cryonic suspension and for the creation of a statutory authority and the enactment of new legislation amending the Law of Property Act (1925), contractual, tortious and criminal legislation. Part I - Creation of Cryonics Regulatory Authority -------------------------------------------------- (1) For the purposes of this act cryonic suspension shall mean the placing of patients into a cryogenic frozen state after the cessation of their vital signs has been declared by two doctors. (2)Where a patient has elected for cryonic suspension, upon their death they shall be issued with an intermediate death certificate. (3)An intermediate death certificate shall evidence the date, time and place of death. (4)A new regulatory authority, known as the "Cryonics Regulatory Authority" shall be created. (5)The Authority will be responsible for administering the provisions contained in this act and shall report directly to the secretary of state for health. (6)The operation of the authority shall be paid from the public purse by an ammount specified by the secretary of state. (7)The Authority shall have the duty to compile a register which will be available for public inspection. This register shall contain the following information: (i) The name, sex and last known address of each cryonic patient. (ii) The location and storage of each cryonic patient (iii) The name of the cryonics institute, company or organisation responsible for suspending the patient. (iv) The name of the cryonics institute company or organisation responsible for maintaining the patient. (v) The name of the patient's guardian responsible for carrying out the cryonic suspension elective. (8)The secretary of State may from time to time presribe any other information to be included on the register and may prescribe the format in which the information is to be recorded. (9)Any alterations, additions or deletions notified to the authority under this act shall be recorded on the register within 2 working days of notification. (10)The Regulatory Authority shall, however, subject to approval from the Secretary of State have the power to exclude any information from the register on the grounds of confidentiality and that it would not be in the public interest to do so. (11)The Authority shall issue a licence in respect of each cryonics institution or company. (12)The licence shall contain the terms and conditions under which the institute or company shall operate and will require renewal every 12 months or on a shorter period if the regulatory authority thinks fit. (13)For the purposes of this section, the Secretary of State or Cryonics Regulatory Authority may prescribe from time to time : (i) The qualifications required for medical practitioners involved in the cryonic suspension, investigation of or experimentation upon cryonic patients. (ii) The qualifications required for medical assistants involved assisting in the cryonic suspension, investigation of or experimentation upon cryonic patients. (14)The Cryonics Regulatory Authority may only have the power to prohibit the proposed suspension or actual suspension of a patient on application to the court. (15)An order prohibiting the proposed suspension or actual suspension of a patient shall only be granted where : (i) Evidence would suggest that the proposed or actual suspension would pose a severe and real danger to the health of a section of the general public. and / or (ii) The proposed or actual suspension would place the medical team at severe or grave risk to their health. and / or (iii) Documentary evidence exists whether it is contained within a single document or a series of documents revoking the previous direction on the part of the patient to be cryonically suspended. and / or (iv) It would not be in the interests of justice to allow the suspension on the grounds that : (a) At the time of death the patient having been convicted of murder, manslaughter, rape or any other criminal offence which carries a maximum sentence of life imprisonment was serving a custodial sentence within the confindes of one of Her Majesty's Prisons. (b) The patient was executed by due process of law as defined in the Abolition of the Death Penalty Act (c) The patient had been convicted by an International Court under the general heading of "war crimes" (16)It shall be a criminal offence for the purposes of this section punishable by a prison sentenance of upto 3 years and or an unlimited fine to suspend any patient falling within the classifications contained within this section. (17)The Cryonics Regulatory Authority through its authorised officers shall have the power to enter and inspect at any time or for any reason any building, facility, registered or unregistered with the authority, for the purposes of confirming verifying or otherwise ascertaining the storage therein of cryonically suspended patients or material which it is believed to be the subject of future or previous cryonic suspension. (18)The Regulatory Authority shall, through its authorised agents have the power to seize, confiscate, examine or otherwise investigate any document, equipment, device, electronic storage medium, or other communication in the possession of the cryonics company or institute which relates to the propsed suspension, suspension, storage, reanimation or proposed reanimation of any patient or materials. (19)The authority may not seize any object under section **** (above section) which may jeopadise, or the authority has reason to believe with jeopadise, the proper legal cryonic suspension or continued suspension of a patient unless a warrant is obtained from the high court based on a sworn affidavit from the investigating officer concerned. (20)Any Application made to a court to seize any object under section *** (above) which might jeopadise, or the authority has reason to believe will jeopadise the proper legal cryonic suspension or continued suspension of a patient, may not be heard ex parte unless the authority has reason to believe that in providing the cryonics company, institite or organisation with such advanced warning : (i) vital material might be consealed, altered or destroyed. (21)It shall be a criminal offence punishable by 3 years imprisonment and or a fine upto 100,000 to obstruct authorised officers of the regulatory authority in the execution of their duties under section 20 (22)Where the Cryonics Regulatory Authority has reason to belive that an the body of a cryonically suspended patient is in the possession of an unregistered cryonics company or institute then the Authority may without warrant enter and seize the patient and arrange for their proper storage pending : (i) registration by the cryonics company or institute with the Authority and/ or (ii) Compliance with any regulations contained within the licence (23)The Authority may recover the cost of removal, inspection and subsequent storage of any patient under this act against the unregistered cryonics company. (24)Where the cryonics regulatory Authority has reason to believe that the body of a cryonically suspended patient is in the possession of a company or institution registered with the authority for the purposes of this act and the authority has reason to belive that the patient is not being maintained in accordance with either the cryonic instutions licence or in accordance with good medical practice then the authority may seize the patient and arrange for their proper storage pending : (i) compliance with any regualtions contained within the licence. The authority may recover the cost of removal, inspection and subsequent storage of any patient under this act against the cryonics company. Part II - Rights of the Cryonic Patient at Law ---------------------------------------------- (25) For the purposes of this act any person of legal capacity may by themselves or by direction to their relatives or guardians at any time elect for cryonic suspension upon their death. (a) Such an election will only be valid where : (i) The election is made by free-will and without duress (ii) The election is made in writing. (iii) The election is signed or otherwise acknowledged by a mark made by the patient in the prescence of two witnesses, who confirm the same by appending their signature to the document in the prescence of the patient. (26)A copy of the cryonic suspension elective shall be delivered to the Chief Coroner for England and Wales, the Cryonics Regulatory Authority and the Coroner responsible for the jurisdiction within which the applicant resides with 7 days of such an elective being signed. (27)The suspension elective shall be delivered in accordance with section 26 above and in a format which may be prescribed from time to time by the Cryonics Regulatory Authority. (28)For a cryonic suspension elective to be valid it shall contain the following information listed below and / or any other information of the type which may be prescribed by the Cryonics Regulatory Authority from time to time through the secretary of state for health : (i) The name, current address and date of birth of the patient. (ii) The cryonics company, institute or foundation with which the patient wishes to be cryonically suspended. (iii) The name of the individual, institute, company or foundation to be appointed as the patient's guardian who will be responsible for adminstering the provisions of the cryonic suspension elective. (iv) The rights, powers, duties and responsibilities of the patient's appointed guardian who shall be responsible for carrying out the cryonic suspension elective. (v) The rights, powers, duties and responsibilities of the cryonics company, institute or foundation responsible for cryonically suspending the patient. (vi) The rights, powers, duties and responsibilities of the cryonics company, institute or foundation responsible for cryonically suspending the patient. (29)Where a cryonic suspension elective and the terms and conditions of a trust, perpetuity or testamentary disposition are in conflict then the first in time shall prevail unless the offending previous document or documents have been revoked in the correct and proper manner for the revocation of a document or agreement of that type. (30)A minor may through their relatives or guardians elect for cryonic suspension upon their death, subjct to the provisions contained in sub section **** above ****(free will, writing etc parts)**** and providing that the child, during their lifetime, has made no representation oral, written or otherwise that they do not wish to be cryonically suspended. (31)For the purposes of this act a valid witness shall be anyone of legal capacity other than any employee or representative of any cryonics institute, company or foundation. (32)It shall be a criminal offence punishable by a maximum of 3 years imprisonment and or an unlimited fine to obstruct or deliberately or otherwise, without due cause of law, the proposed suspension, actual suspension or continued suspension of a patient. Thomas Donaldson issues ----------------------- (33)A living person may elect for cryonic suspension to be carried out upon themselves whilst they are still alive with the intention of bringing about a cryonic state of suspension subject to the following provisions : (i) The patient complies with the provisions for a cryonic elective as specified with section (rules about cryonic electives) above. (ii) The patient has been medically examined by two indepdent doctors who both agree that the patient is suffering from a terminal illness of the type which cannot be cured with current medical technology. (iii) The applicant's life expectancy is deemed from the examination of the indepent doctors to be : (a) less than 12 months and / or (b) the patient is suffering from an illness which is likely to dibilitate their chances of being cryonically suspended as a result of damage caused from carcenogens, tumours or body functioning depleting infections or diseases were it to be allowed to progress any further and (c) In the period of estimated remaining life expectancy two independent doctors have reason to believe that it is unlikely that either the medical technology or treatment will become availble which will either regress or prevent further advancement of the infection or disease. (iv) The applicant is not suffering from any psychologial illness which is or is likely to prevent them from making a rational and logical decision about their request (v) The doctors shall sign a declaration that life expectancy evidence (34)The Court may order the cryonic procedure to be carried out on application to the court by the patient and subject to the above provisions (35)A surgeon, anethatist, doctor, nurse of any other member of the medical team involved in the cryonic suspension of a patient who is subject to an approval order from the court under this section of the act shall have immunity from prosecution in respect of murder, manslaughter, assistance in suicide or any other criminal offence connected with the approved termation of the applicant's life in order for them to achieve cryonic suspension. (36)A surgeon, anethatist, doctor, nurse or any other member of the medical team involved in the cryonic suspension of a patient who is subject to an approval order from the court under this section of the act shall have immunity from civil proceedings in respect of murder, manslaughter, assistance in suicide or any other aspect connected with the approved termination of the applicant's life in order for them to achieve cryonic suspension. (37)For the purposes of this section a valid witness is someone of legal age who is not a representative or employee of a cryonics company, a relative or any person benefitting under provisions contained in the suspendee's will. Part III - Cryonic Companies - Powers, duties and obligations ------------------------------------------------------------- (38)All cryonic suspension organisations shall, for the purposes of this act, be registered with the Cryonics Regulatory Authority. (39)The secretary of state may presribe the conditions and requirements of registration with the authority as deemed necessary from time to time, including: (i) The type of facilities used for the cryonic suspension and storage of patients (ii) The method of storage of cryonically suspended patients (iii) The equipment available for the proper monitoring and protection of cryonically suspended patients. (40)It shall be a criminal offence punishable by upto five years imprisonment and or an unlimited fine to cryonically suspend or store patients without licence from the Cryonics Regulatory Authority. (41)It shall be a criminal offence punishable by upto 12 months imprisonment and or an unlimited fine to breach the stipulations laid down in the licence issued by the Cryonics Regulatory Authority. ** (42)All medical examinations, investigations or experiments carried out upon or involving a cryonically suspended patient shall be carried out under the direct supervision of a medically qualified practitioner (for the purposes of this act registered under the National Health Service Act ****) who also holds a licence to practice cryonic medicine from the Cryonics Regulatory Authority. (43)It shall be a criminal offence punishable by term of upto 5 years imprisonment and or an unlimited fine to medically investigate, prescribe treatment or experiment upon a cryonics patient without holding a permission to practice licence from the Cryonics Regulatory Authority. (44)Each cryonics institute, company or foundation shall for the purposes of this act hold a publically inspectable register containing the same information which will or should be held by the Authority as contained in section ****** ( ) and which may be altered and determined from time to time by the Secretary of State. (45)It shall be a criminal offence punishable by a fine of upto 200,000 to fail to maintain an accurate and up to date register. (46)Any alterations, deletions amendments or otherwise to this register shall be recorded as such within 2 days of the information becoming available. (47)The Cryonics Company, institute or organisation shall within 7 days notify the Cryonics Regulatory Authority of an activities involving procedures or operations or experimentations upon cryonics suspended patients in a form and with such detail as the Authority from time to time may define. (48)For the puropses of section **** above it shall be a criminal offence punishable by a maximum fine of 80,000 to fail to provide the information to the Authority within the prescribed time limit. ***** (49)It shall be a criminal offence punishable by upto 12 months imprisonment and or a fine not exceeding 50,000 to cryonically suspend with the express authorisation of the Cryonics Regulatory Authority any material of a fetal nature, abortuses or a still born child. (50)For the purposes of this section, the Cryonics Regulatory Authority shall only authorise the suspension of a still born child where, evidence exists that at the time the fetus failed to show evidence of jesticular activity, it was capable of being born alive and carrying on a separate existance from its mother whether medical intervention or treatment would have been required or otherwise. (51)Where a patient informs their attending doctor that they have elected for cryonic suspension upon their death, then the doctor shall have a duty to record this information upon the patient's medical records, unless the patient specifically requests otherwise or the doctor has good cause to believe that it would not be in the patient's best interests to do so. Part IV - Powers of the Coroner ------------------------------- (52)Where a patient informs their attending doctor that they have elected for cryonic suspension upon their death and any doctor or other medical practitioner, with the knowledge of the patient's intent to be cryonically suspended, authorises the conduct of an autopsy upon the patient shall be guilty of an offence and liable to a custodial sentence of 6 months imprisonment and or a fine of not exceeding 20,000. (53)It shall be a criminal offence punishable by a fine by a term of imprisonment and or a fine not exceeding 20,000 for a pathologist, medical practitioner or mortician, unless they hold express authorisation from the Cryonics Regulatory Authority, or the coroner for the district provides a suspension autopsy certificate to autopsy a patient who they know or have reason to believe has elected for cryonic suspension upon thier death. (54)For the purposes of section **** (above) the Cryonics Regulatory Authority shall have the power to overide any certificate issued by the Coroner. (55)For the purposes of this section the Coroners Act (1988) shall be interpreted in accordance and with regard to the provisons contained herein. (56)Where the coroner has reason to believe that the body of a person is lying within his district and that person has elected for cryonic suspension, or the Coroner is put on notice or has reasonable suspecion to believe they have elected for cryonic suspension he may not interfere with the suspension process unless: (i) He has reason to believe that the patient died an unnatural death and (ii) Without conducting an autopsy no other possible method exists in order to obtain evidence of the patient's death or evidence which will be crucial in a criminal trial. (57)The Coroner may order any of the following tests to be made upon the patient prior to their cryonic suspension : (i) Blood samples (ii) Tissue samples (iii) cell cultures (iv) any other reasonable test and or examination providing that for the purposes of this section it does not jeopadise the patient's proper cryonic suspension. Contract law ------------ (58)An agreement entered into between a person or persons and a cryonics suspension company shall be a legally binding contract enforcible at law providing : (i) The agreement contains a term or condition that is a cryonic suspension contract and (ii) The suspension contract is a genuine contract entered into for the purposes of suspending and maintaining a cryonic patient. (59)Where a court is of the opinion that a contract or a term contained within a contract has been included which is not in the cryonic patients interest but which has been included within the contract in order to avoid normal common law and statutory contractual provisions then the court shall have the power to strike out those sections accordingly. (60)For the purposes of a cryonic contract the following provisions shall apply : (i) There shall be legal possession in the cadavour of a patient. (ii) There shall be a unrebuttable presumption that an intention to create legal relations exists in the case of a cryonics contract. (iii) A contract shall not be void on the grounds of mistake that cryonics cannot restore a person to their normal self at some point in the future (iv) A cryonic Contract shall not be void on the grounds of public policy or that it is not in the interests of the UK government or a UK citizen. (61)Where a relative, guardian or other person connected with a potential cryonic patient arranges or agrees (i) to a hospital post mortem being carried out or (ii) unnecessarily or without reason encourages the coroner to hold a post mortem under the Coroners Act (1988), subject to the powers contained within this act (a)then where such a post mortem is carried out the contract as between the cryoicss patients and others and the suspension company shall not be frustrated by virtue that the body is no longer suspendable. (62)A cryonic contract frustrated under section (above section*****) shall not be subject to the terms of the Law Reform (Frustrated Contracts) Act (1943). (63)After deductions made for reasonable expenses incurred, in the case of a contract frustrated under section (frustrated)*** any monies remaining in the possession ofthe cryonics company shall pass and become crown property and may not be payable to any relative and or applicant of the suspendee. (64)An applicant acting on behalf of a suspended patient may bring and maintain an action on behalf of the patient and claim damages for breach of contract accordingly. (65)In the assessment of contractual damages the court shall award those sums as it is felt would put the patient back in the same position as if the contract had been performed properly in the first place. (66)In calculating the damages, using the best means avaiable to the court, sums may be awarded to pay for any future neuro sergery which will be required to be performed now or in the future upon the patient in order to rectify the breach steming from the contract. (67)Damages recovered under a cryonic contract claim shall, be paid into a trust fund on the suspended patient's behalf subject to the regulations contained in sections ******(trust sections) (68)Money awarded under this part of the act and paid into a trust fund may only be released by order of the court. (69)A cryonic contract shall not be bound by the terms by the Limitation period specified in the Limitation Act (1980) which applies to conventional contracts. (70)A contract of insurance between an individual and an insurance company shall not be void on the grounds of insurable interest where the individual names (i)a cryoics company, firm or institution or (ii) a trust fund created in favour of themselves as ultimate beneficiary but with payments to a cryoics company, as beneficiary of the proceeds upon death. Part Six - Trust Law -------------------- (71)Where the court of protection has reason to belive that a trustee / guardian of a cryonic patient is not forfilling their proper duties as sepcified by the court of protection or by the patient in their cryonic elective then the court may remove this trustee/ guardian forthwith. (72)Where a cryonic patient has not appointed a valid trustee / guardian then the court of protection shall have the power to act in the abscence and may appoint a new trustee / guardian. (73)The appointment of a new trustee / guardian by the Court of Protection shall be based on any direction or evidence contained in the patient's cryonic directive or based upon any other evidence which provides information as to the patient's previously expressed wishes. (74)The Court of Protection may not appoint may not appoint any of the following as a trustee or guardian of a cryonic patient where expressly authorised by the patient in a cryonic directive or otherwise : (i) A Cryonic company or institute (ii) An employee of a cryonics company or institute (iii) The agent of a cryonics company of institute (iv) Where the person might be in a conflict of interest where they both authorise and supply a service to a cryonic patient (v) Where the interests of the proposed trustee and patient are or might in the future conflict. (75)A patient, may through the use of a cryonic suspension elective declare a trust in favour of themselves as principal beneficiary to come into effect upon the issue of an intermediate death certificate. (a)Where a valid cryonic trust is declared, then it shall not be subject to the rule against perpetuities. (76)A cryonic elective may specify the principle beneficiary as a cryonics company and or institute, for any specified period or subject to any contingent events occuring and subject the control and authorisation of the patient's trustee and the jurisdiction of the court of protection. (a)Where a cryonic patient specifies an ultimate contingency, such that if they are reanimated, then the trust will cease and the contents of therein will revert to the settlor forthwith. (77)Where a person or body corporate is appointed as trustee of a patient under a valid cryonic suspension elective then that person shall be deemed to be under a fiduciary duty towards the cryonic patient and all his or her acts shall be subject to the control of the Court of Protection division of the High Court. (78)The Official Solicitor to the Supreme Court shall have the power to institute proceedings against a trustee for breach of fiduciary duty on the patient's behalf. (79)The Court of Protection shall be required to sign each application for the release of money, proceeds, capital or other part or parts forming or constituting part of a trust fund. (80)The Court of Protection may refuse, alter or otherwise vary any application for the release of trust property, subject to section **** (above) where it is deemed not to be in the cryonic patient's interests to do so. Part Seven - Tortious Liability ------------------------------- (81)The trustee of a cryonic patient may bring a tortious action on behalf of a patient and have full legal status and capacity to act on behalf of the cryonic patient in so far as they may : (i) Issue and commence civil proceedings. (ii) sign documents, statements and affidavits as acting on behalf of the suspendee (iii) act in any other way necessary for the effective conduct of a cryonic tortious action. (82)For the purposes of a tortious action brought under this act a patient in cryogenic suspension shall be deemed to have the same legal rights and actions open to his or her trustee as if the patient were bringing the action themselves. (83)The civil tort of battery (interference to the person) shall be extended to any patient electing for or in a state of cryonic suspension. (84)For the purposes of section (above) they shall be viewed as if they were a normal person. (85)A cryonic patient shall be owed a duty of care and shall be included within the widely accepted definition as stated by Lord Atkinson in the case of Donoghue -V- Stephenson. (86)In determining whether a duty of care has been breached in a cryonic action the court shall have regard to the accepted reasonable cryonic medicine practices available at the time, based on good medical reasoning. (87)A court shall have regard to the state of medical technology and understanding of science and or the defendant at the time the breach took place. (88)Any person undertaking medical procedures or operations upon a cryonic patient without consent shall be civilly liable. (89)It shall be a defence to a charge of "consent" in a cryonic negligence action where : (i) the express written consent of the patient to a special medical procedure or practice was obtained when they elected for cryonic suspension (ii) The Cryonics Regulatory Authority has granted express permission for the conduct a particular medical procedure or operation upon the suspendee (iii) It was necessary to perform a medical procedure or operation upon the suspendee and insufficient time was available, from the point when it became apparent that such medical intervention was required, to obtain the consent of either the patient's trustee or the cryonic regulatory authority. (90)Where the issue of causation is raised in a cryoic tortious action, then the court shall have regard to the : (i) position of the patient in relation to the defendant (ii) Whether based on a balance of probablities based upon the best available medical cryonic advice causation has been proven (91)A defendant shall be liable for all acts, omissions or comissions where he is held to have breached the duty of care he owes towards the cryonic patient. The fact that the patient is in a cryogenic state of suspension shall not detract from the calculation and allocation of damages for any losses arising from the breach. (92)In applying the test of forseeability the court shall view a cryonic patient as if he were a patient subject to medical supervision. (93)In a cryonic negligence action providing it can be proved to the satisfaction of the court that the injury sustained by the suspended patient was forseeable then the defendant shall be liable for all damages suffered by the suspendee or his interests even though the extent of the liability was not forseeable. (94)In assessing damages in a cryonic negligence action, the court shall regard the cryonic patient as if they were a person rather than property. (95)The court, may subject to Section 6 of the Administration of Justice Act (1982) make a provisional award in cases where the medical prognosis of a patient in cryonic suspension is particularly uncertain and where there is a chance falling short of probably certain that some serious disease or serious deterioration in the patient's condition will accrue at a later date and which becomes apparent either during or after cryonic suspension. (96)Where a patient's trustee applies to the court for the additional assessment of damages in respect of a previous judgment and the defendant and or his estate is not available in order to meet any additional sums awarded then the liability for any outstanding balances shall fall upon the cryonics company responsible for suspending and or maintaining the patient. (97)For the purposes of section *** (above) a defendants estate shall be taken not to be available where their estate has been destributed under the provisions of a will, testamentary disposition under the Law of Property Act (1925) or by a grant of probate or by letters of administration. (98)A cryonics company shall be required to indemnify any suspended patient who they were responsible for suspending and or storing in respect of any claims made by that patient's trustee against any defendant in a tortious liability claim where, subject to the terms and conditions contained in Section (******* where a patient's trustee applies to the court for additional assessment of damages in respect of a previous judgement****) and ****** (for the purposes of section **** (above) a defendants estate shall be taken not be their estate in no longer available to meet the claim. (99)The proper legal guardian of a cryonic patient may bring an action even though they are not privy to the contract. (100)The Court may allow such an application by a patients proper and legal guardian where they are satisfied that the applicant is acting in the best interests of the suspended patient. Rate This Message: http://www.cryonet.org/cgi-bin/rate.cgi?msg=1753.1