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The Right to Remain Frozen: HRO Win Upholds Woman's Desire for Cryonic Preservation

Colorado Springs HRO Litigation Partner Eric Bentley was joined by Denver Special Counsel Norv Brasch of the firm's Private Client Services Group. "It's not unusual for there to be disputes, because what Alcor does is novel to so many people," Bentley said, "and there's always a chance that relatives will have strong feelings about these matters when they learn that a relative has expressed this wish for the disposition of their remains." From a legal perspective, Brasch notes that the Court's ruling addressed and resolved several novel issues in the Colorado Probate Code. "The Alcor case stands for the principle that an individual's end-of-life directives will prevail over the preferences - even the objections - of surviving family members."

The March 1 ruling followed a full-day emergency hearing on February 26 before El Paso County Probate Court Magistrate Barbara Hughes, who delivered an unmitigated victory to Alcor in a forceful, six-page opinion. Ms. Robbins's family and friends claimed that, two days before her death on February 9, she had revoked her wish to be cryonically preserved and diverted the annuity funds designated for her preservation to her daughters. The case hinged on whether Mary's long-standing desire to be held in cryosuspension would be honored in the face of this claim.

With no other witnesses to the alleged revocation, the HRO team was forced to rely on cross-examination and on the testimony of Alcor representatives and the decedent's estate planning attorney, all of whom testified that Ms. Robbins had been deeply committed to her cryopreservation after death. The Court ultimately excluded much of the opposing testimony under Colorado's "Dead Man's Statute," which bars interested parties from testifying to the statements and beliefs of deceased persons, and found other testimony "not credible." The Court concluded, "[M]ary's intent ... was for cryonic suspension of her last remains and that wish shall not be put asunder."

By necessity, the testimony included some evocative details, including the efforts to maintain the head at supercool temperatures by packing it with dry ice while the court case was pending. The dispute was widely reported in the regional, national and international media, often engendering impassioned comments from readers on opposite sides of the issues raised.

About HRO

Holme Roberts & Owen LLP is an international law firm that was established in 1898 and has approximately 230 lawyers practicing in ten strategically positioned offices in Denver, Boulder, Colorado Springs, Dublin, London, Los Angeles, Munich, Phoenix, Salt Lake City, and San Francisco. The firm's lawyers provide a broad spectrum of legal services in virtually every area of the law, including corporate, securities, mergers and acquisitions, commercial litigation, probate and trust controversy, estate planning, real estate, health, employment, tax, environmental and intellectual property, technology and media.

For more information regarding HRO, please visit www.hro.com.

Holme Roberts & Owen LLP
Richie Hunter, 303-866-0330
Director of Business Development and Marketing
richie.hunter@hro.com