CryoCare Foundation
Instructions re the Patient Advocate Agreement
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When you become a cryopreservation member of CryoCare Foundation, you
are encouraged to name one or more people who can function jointly as your
"Patient Advocate" after your legal death. This way, you can choose, now, who
will speak on your behalf after you are no longer able to speak for yourself.
This is important, because under the bylaws of CryoCare Foundation,
certain policy decisions regarding patients in long-term care can only be made
by, or with consent from, the Patient Advocates who represent the patients.
You can name one person or a group of people as your Patient Advocate. If
you prefer a group of people, it can be a business entity such as a
partnership or a corporation which has its own internal bylaws specifying (for
instance) how the Patient Advocate shall sustain itself after some or all of
its initial participants are no longer alive.
Alternatively, if you wish, you can allow the Patient Directors of
CryoCare, and their successors, to function as your Patient Advocate. The
Patient Directors will take on this role by default if you don't bother to set
up a Patient Advocate yourself, or if your Patient Advocate ceases to exist or
can no longer be perpetuated for some reason after you are legally dead.
If one of the people in your Patient Advocate is a cryopreservation
member of CryoCare, that person can act as the "Pro-Patient Voter." This means
that after your legal death, (s)he can vote during elections of Patient
Directors of CryoCare.
If more than one of the people in your Patient Advocate is a
cryopreservation member of CryoCare, you must select which person will act as
the Pro-Patient Voter.
You may devise your own method by which the people who constitute your
Patient Advocate will jointly reach their decisions and express themselves via
the Pro-Patient Voter. All we require is that CryoCare shall be given a copy
of any internal paperwork regarding the operation of your Patient Advocate.
At any time, you can cancel your existing Patient Advocate arrangement
and create a new arrangement in its place (provided, of course, you are
legally competent to act). CryoCare will need to approve any new or
substantially revised Patient Advocate.
These instructions are included to give you a general idea of the purpose
of the Patient Advocate Agreement. These instructions are not part of the
Patient Advocate Agreement itself, and they do not constitute a legal
document. For definitive advice regarding the Patient Advocate Agreement,
please consult an officer of CryoCare.
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Patient Advocate Agreement
Article 1. Preface
Section 1.1
This Agreement is made and entered into by and between all the
following parties listed in this Section:
1. CryoCare Foundation, a Delaware corporation with at
1013 Centre Road, Suite 301, Wilmington, Delaware 19805-1297
(referred to below as CryoCare).
2. A Cryopreservation Member of CryoCare (referred to below as The
Member) whose name is ____________________________ and who resides at
____________________________________________________________________.
3. The Patient Advocate, an entity which may consist of an individual, or
a group of individuals, or a business entity, or the Patient Directors of
CryoCare Foundation as defined in its bylaws. Fill out one appropriate section
a), b), c), or d) below, and delete the other three sections which do not
apply:
a) An individual:
Name:
Address:
Phone:
Cryopreservation member of CryoCare Foundation (state yes or no):
Note: if the individual is a cryopreservation member, (s)he will function
also as the Pro-Patient Voter as defined below.
b) A group of individuals:
Name:
Address:
Phone:
Cryopreservation member of CryoCare Foundation (state Yes or No):
Name:
Address:
Phone:
Cryopreservation member of CryoCare Foundation (state Yes or No):
Name:
Address:
Phone:
Cryopreservation member of CryoCare Foundation (state Yes or No):
Initial here ____ if additional person(s) will be included in the Patient
Advocate, and list their names on an attached sheet.
If one or more of the individuals named above is a cryopreservation
member of CryoCare Foundation, specify which one will act as Pro-Patient
Voter:
_____________________________
c) A business entity:
Name of business:
Type (e.g. corporation, partnership):
Principal address of business:
Phone:
Name of officer/director/partner:
Business Title:
Address:
Phone:
Cryopreservation member of CryoCare Foundation (state Yes or No):
Name of officer/director/partner:
Business Title:
Address:
Phone:
Cryopreservation member of CryoCare Foundation (state Yes or No):
Name of officer/director/partner:
Business Title:
Address:
Phone:
Cryopreservation member of CryoCare Foundation (state Yes or No):
Initial here ____ if there are additional relevant person(s) who serve as
directors, partners, or officers in the business entity, and list their names
on an attached sheet.
If one or more of the individuals named above is a cryopreservation
member of CryoCare Foundation, specify which one will act as Pro-Patient
Voter:
__________________________________________________
d) The Patient Directors of CryoCare Foundation (as described in the
CryoCare Foundation Bylaws) and their successors, without limitation. If this
is the preferred option, The Member should sign here and delete sections a),
b), and c):
__________________________________________________
Section 1.2
WHEREAS, one of the purposes of CryoCare is to encourage its
cryopreservation members to select patient advocates to be their legal
representatives after their legal death and cryopreservation, and furthermore,
these patient advocates have a special relationship to CryoCare as described
in its Bylaws;
WHEREAS, The Member is a cryopreservation member of CryoCare and wishes
to select, direct, empower, and optionally provide for the perpetuation of his
patient advocate through this Agreement;
WHEREAS, The Patient Advocate wishes to help The Member to achieve his
goal of restoration to life and health at some time in the future by acting on
his behalf with reference to CryoCare after The Member's legal death and
cryopreserrvation, and;
WHEREAS, any successor(s) to person(s) named above as participants in The
Patient Advocate share the goal of protecting The Member after his
cryopreservation and restoring him, where possible, to life and health;
NOW, THEREFORE, in consideration of the mutual covenants of CryoCare, The
Member, and The Patient Advocate contained in this Agreement, in the Bylaws of
CryoCare Foundation, and in the cryopreservation agreements between CryoCare
and The Member and the arrangement for payment to The Patient Advocate of the
fees specified herein, the sufficiency of which is hereby acknowledged, the
parties hereby agree as follows:
ARTICLE 2. Definitions
Section 2.1
"Cryopreservation" shall mean and be limited to any experimental
procedure in which any human being who has been declared legally dead and has
been received by CryoCare under the Uniform Anatomical Gift Act is prepared
for Long-term Cryogenic Care (sometimes known as "cryonic suspension")
Section 2.2
"Long-term Cryogenic Care" shall mean and be limited to the prolonged,
monitored and well guarded storage, of indefinite length, at -125=F8C or below,
of any human being who has previously undergone Cryopreservation. The storage
temperature used may change as the results of scientific research demonstrate
that a different temperature is more conducive to the possible restoration of
the human being's life and health in the future.
Section 2.3
"Cryopreservation Member" shall mean and be limited to any person who
has made contractual and financial arrangements with CryoCare, so that
CryoCare will perform his/her Cryopreservation after legal death.
Section 2.4
"Patient Director" shall mean and be limited to any director of
CryoCare who has been elected to that position in accordance with CryoCare
bylaws, and is primarily concerned with welfare of persons who are in Long-
term Cryogenic Care.
Section 2.5
"The Patient" shall mean and be limited to The Member specified in
this Agreement after (s)he has been placed in Long-term Cryogenic Care.
Section 2.6
"The Patient Advocate" shall mean and be limited to the specific
person, group of people, business entity, or Patient Directors of CryoCare
Foundation acting jointly, as named in Article 1, Section 1.1 of this
Agreement.
Section 2.7
"The Pro-Patient Voter" shall mean and be limited to the specific
person who is a named participant in the Patient Advocate defined above or is
a rightful successor to such a person; is a Cryopreservation Member of
CryoCare; and therefore has the power to elect Patient Directors in CryoCare
according to procedures defined in the bylaws of CryoCare.
Article 3. Duties of the Patient Advocate
Section 3.1
While The Member is alive, The Patient Advocate has no duties under
this Agreement. After The Member becomes The Patient in Long-Term Cryogenic
Care, The Patient Advocate agrees to be actively concerned with the physical
condition and safety of The Patient on an indefinite basis.
Section 3.2
If The Patient Advocate believes that The Patient is not receiving
optimum care or is experiencing unwarranted danger of biological
deterioration, (s)he agrees to take any action compatible with existing
contractual obligations, state and federal law, and available financial
resources to enhance the The Patient's condition or safety.
Section 3.3
If The Patient Advocate believes that there is significant risk of The
Patient being removed, for whatever reason, from Cryopreservation, The Patient
Advocate agrees to take immediate, strenuous action to maintain The Patient in
a state of Cryopreservation.
Section 3.4
If and when medical science advances to the point where established
scientists and physicians believe it is possible to restore The Patient to
life, health, and vigor with minimal risk of damage or disability, The Patient
Advocate agrees to make every effort to enable The Patient to be so restored.
Section 3.5
While The Patient is in Cryopreservation, the Pro-Patient Voter (if
any) shall remain properly informed regarding the conduct and performance of
Patient Directors of CryoCare Foundation, and in all elections which are
announced by CryoCare The Pro-Patient Voter shall endeavor to cast votes for
Patient Directors who will best protect the interests of The Patient. The Pro-
Patient Voter shall be guided at all times by any written requests or
regulations that may have been established by The Member prior to his/her
legal death.
Section 3.6
While The Patient is in Cryopreservation, in accordance with the
CryoCare bylaws as they are currently constituted, CryoCare shall send a
timely request to The Patient Advocate, prior to each election of Patient
Directors, for verification of the name and address of The Pro-Patient Voter.
If CryoCare receives no response, the voting rights of The Pro-Patient Voter
shall be assigned to the existing Patient Directors of CryoCare for the
duration of that election only.
Section 3.7
While The Patient is in Cryopreservation, if there are any changes in
the personnel constituting The Patient Advocate or in the internal affairs,
pertinent documents, or structure of The Patient Advocate, CryoCare shall be
informed of these changes promptly. In particular, if there is a change in the
name of the Pro-Patient Voter, or if the Pro-Patient Voter loses or quits
his/her Cryopreservation Membership, CryoCare shall be notified immediately.
Article 4. Duties of Cryocare
Section 4.1
While The Patient is in Cryopreservation, subject to the conditions in
Sections 4.2, 4.3, and 4.4 below, CryoCare agrees to accept and cooperate with
The Patient Advocate to the full extent defined by the Bylaws of CryoCare
Foundation.
Section 4.2
After The Member has been placed in Cryopreservation, if CryoCare
determines that The Member did not make adequate arrangements to establish a
Patient Advocate, or The Patient Advocate described in this Agreement cannot
be found, or all of the signatories representing The Patient Advocate default
on their obligations, all rights and functions of The Patient Advocate shall
be reassigned irrevocably to the Patient Directors of CryoCare and their
successors.
Section 4.3
While The Patient is in Cryopreservation, in the event that CryoCare
determines that The Patient Advocate has violated any relevant written
instructions left by The Member, CryoCare shall temporarily reassign all
rights of The Patient Advocate to The Patient Directors of CryoCare until
CryoCare is satisfied that The Patient Advocate is once again in compliance
with all relevant written instructions left by The Member.
Section 4.4
While The Patient is in Cryopreservation, if CryoCare determines that
The Pro-Patient Voter is no longer eligible under current CryoCare bylaws, and
if no proper successor to The Pro-Patient Voter can be found, voting rights of
The Pro-Patient Voter shall be reassigned irrevocably to the Patient Directors
of CryoCare and their successors.
Section 4.5
CryoCare agrees that all successor(s) to person(s) constituting The
Patient Advocate shall have all of the rights of the person(s) they replace,
provided each successor acquires his/her position in accordance with the
procedure that has been established by written instructions from The Member.
Section 4.6
CryoCare agrees to pay The Patient Advocate his/her yearly fee as
prescribed in Article 6 of this Agreement.
Article 5. Duties of The Member
Section 5.1
If The Patient Advocate is a group of individuals or a business
entity, The Member agrees to supply to CryoCare a copy of any document
relating to the internal operations of The Patient Advocate. Such documents
shall include but not be limited to corporate bylaws, partnership agreements,
internal voting procedures, and procedures for choosing The Pro-Patient Voter.
If The Member fails to comply properly with this requirement, CryoCare may
subsequently refuse to recognize the Patient Advocate and/or The Pro-Patient
Voter as legitimate representative(s) of The Patient.
Section 5.2
After the legal death of The Member, if The Member has failed to name
a Pro-Patient Voter, or if The Pro-Patient Voter dies or quits or loses
Cryopreservation Membership in CryoCare and no successor can be named due to
lack of proper provision by The Member, the voting rights for The Patient
shall shift automatically and irrevocably to The Patient Directors of
CryoCare.
Section 5.3
The Member agrees to notify CryoCare promptly if there is any change
in the personnel constituting The Patient Advocate or in the internal affairs,
pertinent documents, or structure of The Patient Advocate.
Section 5.4
If The Member wishes to dissolve The Patient Advocate or establish a
substantially different Patient Advocate, this shall be done in cooperation
with CryoCare, using forms provided by CryoCare, subject to approval by
CryoCare, such approval not to be unreasonably withheld.
Article 6. Compensation
Section 6.1
The Member agrees to provide, after his/her legal death and
Cryopreservation, for payment to The Patient Advocate, the fee of $__________
per year to cover the costs of advocacy and administration.
Section 6.2
The first year's fee will be paid to The Patient Advocate from the
cryopreservation funding principal which exceeds the minimum required as soon
as possible after CryoCare takes possession of the assets designated by The
Member for his Cryopreservation. The Patient Advocate agrees that any fees
received from CryoCare can only be taken from funds beyond the minimum level
required by CryoCare.
Section 6.3
Thereafter, The Patient Advocate shall receive the annual fee from
income derived from The Patient's individual account at the Patient Care
Trust. The Patient Advocate understands and agrees that the fee can only be
taken from real yearly income above 2% of the minimum funding required by
CryoCare for Long-term Cryogenic Care.
Article 7. Records, Reports, and Accounting
Section 7.1
1 The Patient Advocate agrees to maintain a file on behalf of The
Patient that includes copies of all legal and medical documents relating to
the illness or accident that led to legal death of The Member; the
Cryopreservation and Long-term Cryogenic Care; and an accounting of the assets
set aside by The Member to pay for Long-term Cryogenic Care, restoration to
life and health, and funding for his continued life after being restored.
Section 7.2
The Patient Advocate agrees to write, or cause to be written, yearly
reports to be kept in The Patient's file, including a description of the care
The Patient has received in the previous year, and a short summary of
scientific progress in the fields of human cryopreservation and restoration.
Article 8. Waiver of Liability
Section 8.1
The Member agrees to hold The Patient Advocate and all successors
harmless from all actions taken in carrying out the provisions of this
Agreement.
Article 9. Use of the Principal of the Patient's Funds
Section 9.1
CryoCare Foundation and The Patient Advocate shall only have access to
the principal of the funds in The Patient's account at the Patient Care Trust
if The Patient's continued cryopreservation is threatened. Under such
circumstances, both CryoCare and The Patient Advocate shall have the right to
use the principal of the funds to attempt to maintain the patient in a state
of cryopreservation.
Dated:________________
_______________________________
Brenda Peters, President, CryoCare Foundation
_______________________________
The Member
_______________________________ ____________
Patient Advocate Participant Title
_______________________________ ____________
Patient Advocate Participant Title
_______________________________ ____________
Patient Advocate Participant Title
_______________________________ ____________
Patient Advocate Participant Title
_______________________________ ____________
Patient Advocate Participant Title