X-Message-Number: 32448
Date: Thu, 4 Mar 2010 11:36:48 -0500
Subject: Top Ten Behaviors to Avoid Being the Next Cryonics Legal Case...
From: Rudi Hoffman <>

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Dear Rebecca, Frank, and Whom it May Concern:

This article is somewhat less boring that the title might indicate.   But
still , I think, it is a little boring.  And didactic.  Not necessarily the
best piece of writing I have ever done.  And it is overstated and offensive
in a small section.  But the purpose and the meaning are important, so I am
going to send it to the ideosphere anyway.

Several of my clients and friends have asked me for observations regarding
securing their cryonics arrangements even with contrary wishes of friends
and relatives.  Given the recent Mary Robbins case in Colorado, and multiple
previous cases available in some detail on the websites of both CI and
Alcor, structuring your affairs in the most secure manner currently has top
of mind awareness for many who are serious about their cryonics plans.

The purpose of this article is to provide some insight into how serious
cryonicists can structure their affairs to assure themselves they have done
everything possible regarding funding and legal structures for their optimal
suspensions.

For ease of reference, I will number the following points.  There is
some attempt to put the most important or easy to handle considerations
early in the list.  For simplicity, I will avoid the usual lawerly weasel
clauses, except to point out the following are generally, as opposed to
universally, true, and that they apply for United States cryonicists rather
than all global citizens.

1.  Fund...and overfund...your suspension with life insurance.  This assumes
you are insurable.  Life insurance proceeds go DIRECTLY to your named
beneficiary, without taxes, or reductions or delays of probate.  More
importantly, the funds are created in addition to your estate and do not
reduce your estate otherwise going to your heirs.  It is no longer perceived
as a "zero sum" game where your heirs are in direct competition for funds
vs. the cryonics organization.

I am not aware of a single suspension that was delayed for funding
considerations when there was adequate life insurance in place in a
verifiable manner.

Not one, in the history of cryonics, which is now extending some 40 years.

In contrast, there have been multiple cases of delay, obstruction,
interference, and legal wrangling in cases without adequate and extra life
insurance funding.

2.  Have your policy owned...or jointly owned...by the cryonics
organization.  This enables the cryonics organization to KNOW at any given
time that your policy is force with no changes to the beneficiaries, and no
reduction caused by a loan against the cash value the policy may have.
Alcor generally requires this, and CI funding which includes Suspended
Animation also requires cryonics organization ownership.

3.  If you trust your cryonics organization with your life, you want to see
them do well.  It therefore makes sense to make them the "CONTINGENT"
beneficiary as well as the primary, even if you cannot be suspended.
Alternately, you can name any other person or persons, or a charitable
organization, as contingent beneficiary.   Naming your cryonics organization
as the contingent even if you cannot be suspended is not ideal, in that
it reduces financial incentive of your cryonics organization to suspend
you.  But is still probably better than naming family members or someone you
are not completely convinced will support your cryonics plans.

The important thing you want to AVOID is creating a structural CONFLICT OF
INTEREST in which your family or relatives get the money if they talk you
out of your cryonics arrangements.

4.  The question has come up as to whether an alternate beneficiary, or even
a primary, needs to know they are in this position.  The answer is that they
beneficiaries do NOT need to sign any portion of the application, and won't
even know they are listed as beneficiaries unless you tell them.

5.  For cash--as opposed to life insurance--funding, the optimal secure
funding is some form of a GUARANTEED annuity.  The cryonics organization
need not be the OWNER of the policy if they are listed as the IRREVOCABLE
BENEFICIARY.  Variable annuities, even with underlying income guarantees,
will not work because the death benefit and principle are not guaranteed to
be there when needed.

Annuities with named beneficiaries also avoid probate, although there can be
some taxable considerations, unlike life insurance.  The annuity also must
waive surrender penalties upon death, to assure the cryonics organization
full funding.

6.  Any alternate funding, such as real estate, stocks, bonds, mutual funds,
hard assets, collectibles, is a disaster for you, your cryonics
organization, and the entire field of cryonics waiting to happen.

It astounds me that smart individuals signing up for cryonics do this.  And
that any organization deeming itself a serious cryonics alternative, will
allow insecure and unverifiable and illiquid funding of this nature.  Do you
want to have your family and relatives contesting your cryonics
arrangements?  Do you want your cryonics organization to wait over the
weekend, or over the holiday, or till the next business day till they
confirm your funding?

You are virtually guaranteeing that there is a delay, of hours, days, or
weeks, while funding is ascertained, when literally seconds and minutes
count, if you fund with these assets.  Call up and ask your cryonics vendor
what would happen, and when, given your current funding arrangements.

7.  Be public with your cryonics arrangements.  It is time for serious
cryonicists to come "out of the closet."  Like some courageous gays and
atheists have demonstrated, it is time we become "loud and proud" of
ourselves and our choices.

8. Make a video of your strong preference for cryonics.  Include verbiage
that states your decision is unequivocal and firm, and made when you of
sound mind.  Also specify your wishes that any revocation made later should
be ignored if it is made while under pain medication, or while physically or
emotionally ill, or under undue influence by outside parties including
family and friends.  Have multiple copies made, upload it to the net,
provide abundant and clear instructions so that even jackass attorneys and
judges can't fail to get the message.

9.  Moving near your cryonics vendor if you are deathly ill is logical.
Alas, it is often not done due to people wanting to be in their homes and
with their families when they are dying.  Some progress has been made in
developing a community of support near cryonics facilities.  David Pizer and
Mark Plus have worked for years to develop a cryonics friendly center near
Alcor, and I have heard talk of some shared housing arrangements near the
Cryonics Institute.

10.  Talk--have "the talk" with your family and friends, showing them your
cryonics bracelet and expressing your wishes.  Get their commitments that
they will not undermine your wishes, ideally in writing in a "relatives
affidavit" available from your cryonics vendor.

Discuss different scenarios of your "death," and what protocols and
logistics would be involved in providing the optimal suspension to preserve
your precious self.  You are worth it!  You deserve to see the future...or
at least have some non-zero chance to see the future.  Don't pay ALMOST
enough price to give cryonics a chance...pay the FULL price!

Doing all the above will not guarantee a perfect suspension, and even an
"optimal" suspension has no guarantees.

Folks, we are trying to be smart about our life decisions, and our life and
death decisions.

You have been smart enough to research cryonics and perhaps sign up for
cryonics.  Let's be smart enough, and display enough common sense, to give
ourselves every chance of something like an optimal suspension.

Respectfully submitted,

Rudi

-- 
Rudi Richard Hoffman CFP CLU ChFC

World's Leading Cryonics Insuror rudihoffman.com
Former Board Member Financial Planning Association fpafla.com
Board Member Salvation Army salvationarmy.org
Member Alcor Life Extension Foundation alcor.org,
Member Cryonics Institute cryonics.org
Certified Financial Planner(TM) CFP Board of Standards
Member World Transhumanist Association http://transhumanism.org/

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