Alcor Life Extension Foundation v. Richardson

785 N.W.2d 717 (2010)

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Nature of the Case

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Facts

On June 1, 2004, Orville submitted a membership application to P. P is engaged in the study and practice of cryonic suspension. Orville executed a series of documents authorizing P to take possession of his remains upon his death so that his head and brain could undergo cryonic suspension. Among the documents was a 'Last Will and Testament for Human Remains and Authorization of Anatomical Donation' made for 'the purpose of furthering cryobiological and cryonic research.' This document was signed in conjunction with a 'Consent for Cryonic Suspension' and a 'Cryonic Suspension Agreement,' both of which stated the goal of cryonic suspension was 'the hope of possible restoration to life and health at some time in the future.' At the time he signed these documents, Orville paid P a lump sum lifetime membership fee of $53,500. In the fall of 2007, Orville was no longer capable of living independently due to the onset of dementia. Ds filed a petition with the district court seeking appointment as Orville's co-conservators. D also filed a separate petition requesting she be appointed as Orville's guardian. These petitions were granted by separate orders on May 5, 2008. Ds wrote to P informing it of their recent appointment as co-conservators of Orville, and requesting that P reissue an uncashed check discovered in Orville's files. P issued a replacement check to D, the amount of which covered both that check and another uncashed check. Ds stated that they 'tried to talk [Orville] out of such a plan and they emphatically told him they would have nothing to do with his plan.' Orville never told them he had entered into such agreements. Orville died intestate on February 19, 2009. Ds were named co-administrators of the estate. Orville was buried. Two months after Orville's burial, D wrote to P requesting a refund of Orville's lifetime membership payment. P responded, questioning why it was not notified of Orville's death so that it could follow Orville's wishes. P demanded Orville's remains. Orville had made an anatomical donation to P and that David and Darlene had no right to revoke it. P asked the district court to order Ds to obtain a permit for the disinterment of Orville's body. The court denied the order and P appealed.