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Functions of a Trust Protector During Biostasis and at the Time of Cryogenic Revival

John Dedon, Esq.

page 3 of 5

Overall, the trust protector acts on behalf of Mr. and Mrs. Cryonic, perhaps even to the degree that they have the ability to rewrite Dedon quote the trust. The trust protector has great authority, so it is necessary to include restrictions on what he or she can do. For example, the trust protector may pay out distributions, but only within a limited subset of people. Distributions may be given to children or lineal descendants, but not to other beneficiaries. Some distributions may be given to charities, but only those with a defined purpose.

When designing a trust like this, what happens if it becomes apparent that Mr. and Mrs. Cryonic will not be revivied? What happens to the assets in this situation? This contingency must be built into the trust. What happens if the beneficiary that is named does not exist when it comes time to distribute the assets? The trust protector will have the authority and flexibility to make this decision (perhaps giving the assets to a charity or other entity).

In summary, the trust protector for Mr. and Mrs. Cyronic's dynasty trust would have many of the roles of a traditional trust protector. But they would also have other more sophisticated roles requested of them. The trust protector must also monitor the changing technology surrounding biostasis and revival. He or she must keep apprised of the current applications of nanotechnology and nanotechnology laws.

Due to the uncertainty of what we're talking about, it is more important than ever for the trust protector to have a very active supervisory role in monitoring whether the trust is going in the direction the grantors intended it to go. This is not the type of role that a typical institution would want or is equipped to do. It is a role that is more appropriate for a law or accounting firm.

Biostasis and Alcor
Let’s assume that Alcor[1] is the likely candidate for the preservation of Mr. and Mrs. Cryonic. Should the trust protector not only supervise and monitor the current laws, but Alcor as well? The trust protector must ask if Alcor is financially sound. Are they still offering the expected degree of care? Are there any new competitors to Alcor? Would these competitors be better able than Alcor to care for Mr. and Mrs. Cryonic? Do Mr. and Mrs. Cryonic have the resources that would allow them to be moved from Alcor to another caregiver? The trust protector will have to make these types of decisions.

Biostasis and Litigation
There may be a situation where trust funds must be used in order to assist Alcor in caring for Mr. and Mrs. Cryonic. For example, Alcor describes a situation where they needed a court order to get a hospital to release a body to their care. If a hospital is reluctant, the trust protector will be able to use trust funds to pay for legal assistance to persuade the hospital to comply as quickly as possible to assure that Mr. and Mrs. Cryonic have the best chances of revival. In this situation, the trust protector might also be called on to navigate state regulations during such a move.

Footnotes (back to top)
1. Alcor Life Extension Foundation – The world leader in life extension through cryonic preservation, since 1972. http://www.alcor.org/ (March 3, 2006 11:55 A.M. EST)

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