Alcor Life Extension Found. v. Richardson, 09-1255.

• Decision Date: 12 May 2010
• Docket Number: No. 09-1255.,09-1255.
• Citation: 785 N.W.2d 717
• Parties: ALCOR LIFE EXTENSION FOUNDATION, Plaintiff-Appellant, v. David RICHARDSON and Darlene Broeker, Individually and Co-Administrators of the Estate of Orville Martin Richardson, Defendants-Appellees.
• Court: Iowa Court of Appeals

785 N.W.2d 717 ALCOR LIFE EXTENSION FOUNDATION, Plaintiff-Appellant, v. David RICHARDSON and Darlene Broeker, Individually and Co-Administrators of the Estate of Orville Martin Richardson, Defendants-Appellees. No. 09-1255. Court of Appeals of Iowa. May 12, 2010.

William S. Vernon and Webb L. Wassmer of Simmons, Perrine, Moyer, Bergman, P.L.C., Cedar Rapids, for appellant.

Gerald D. Goddard and John D. Cray of Cray, Goddard, Miller, Taylor & Chelf, L.L.P., Burlington, for appellee.

Thomas D. Waterman and Wendy S. Meyer of Lane & Waterman, L.L.P., Davenport, for amicus curiae Iowa Donor Network.

Heard by VAITHESWARAN, P.J., and POTTERFIELD and MANSFIELD, JJ.

MANSFIELD, J.

This dispute over a decedent's remains raises significant issues under the Revised Uniform Anatomical Gift Act, the Final Disposition Act, and Iowa law pertaining to disinterments. See Iowa Code ch. 142C, ch. 144C, § 144.34 (2009). In 2004 Orville Richardson made arrangements with Alcor Life Extension Foundation to take possession of his remains and cryopreserve his head after he passed away. When Orville died in 2009, however, Orville's relatives did not notify Alcor and instead had him buried. Alcor now appeals the district court's denial of its request for an order compelling the relatives to sign an approval for the disinterment of Orville's body at Alcor's expense. For the reasons set forth herein, we reverse and remand.

I. Background Facts and Proceedings.

Orville Richardson, born 1927, had a long career as a pharmacist in Burlington. Orville was married, but had no children, and his wife predeceased him. David Richardson and Darlene Broeker are Orville's brother and sister.

On June 1, 2004, Orville submitted a membership application to Alcor Life Extension Foundation. Alcor is a California nonprofit corporation registered as a tax exempt 501(c)(3) scientific organization engaged in the study and practice of cryonic suspension. Alcor defines cryonic suspension as "[t]he procedure of placing the bodies/brains of people who have been declared legally dead into storage at temperatures of -100°C or lower, with the hope that future medical development will allow the restoration of life and health." In the membership application, Orville chose amethod of suspension called "neurosuspension," wherein the member's brain or entire head is removed and cryopreserved.¹

On December 15, 2004, Orville executed a series of documents authorizing Alcor 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 Alcor a lump sum lifetime membership fee of $53,500.

Orville's 2004 "Last Will and Testament for Human Remains and Authorization of Anatomical Donation" specifically stated:

[I]n accordance with the laws governing anatomical donations, I hereby:

a) donate my human remains to the Alcor Life Extension Foundation, Inc. ("Alcor"), a California non-profit corporation, ... such donation to take place immediately after my legal death, and

b) direct that upon my legal death my human remains be delivered to Alcor or its agents or representatives, at such place as they may direct.

In the fall of 2007, Orville was no longer capable of living independently due to the onset of dementia. Accordingly, in April 2008, David and Darlene filed a petition with the district court seeking appointment as Orville's co-conservators. Darlene also filed a separate petition requesting she be appointed as Orville's guardian. These petitions were granted by separate orders on May 5, 2008.

On May 27, 2008, David and Darlene wrote to Alcor informing it of their recent appointment as co-conservators of Orville, and requesting that Alcor reissue an uncashed check discovered in Orville's files.² As a result of the request, Alcor issued a replacement check to David and Darlene, the amount of which covered both that check and another uncashed check. The letter to David and Darlene enclosing the replacement check was written on Alcor letterhead, disclosing Alcor's full name, mission, address, website, officers, directors, and medical and scientific advisory boards.

Although it is unclear as to when, David and Darlene admitted that during Orville's lifetime, Orville discussed the subject of donating his brain or entire head for cryonic suspension. In their answer, David and Darlene state 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." According to David and Darlene, Orville responded that he understood their position and the subject was never discussed thereafter. David and Darlene further assert in their answer that they never saw any contracts or agreements between Orville and Alcor, and that Orville never told them he had entered into such agreements.

Orville died intestate on February 19, 2009. The following day, David and Darlene were named co-administrators of Orville'sestate. David and Darlene had Orville embalmed and then buried in Burlington on February 21, 2009.

On April 21, 2009, two months after Orville's burial, David wrote to Alcor requesting a refund of Orville's lifetime membership payment. The letter stated,

Orville was my brother, and I'm aware he contracted with you several years back in the amount of approximately $50,000 to provide a potential service following his death.

Orville obviously did not utilize this service, and accordingly we request a refund of all funds to the Estate of Orville Martin Richardson.

A week later Alcor responded, questioning why it was not notified of Orville's death so that it could follow Orville's wishes.

Alcor soon demanded Orville's remains. When David and Darlene refused, Alcor filed a motion in the probate court for an expedited hearing. Alcor argued that Orville had made an anatomical donation to Alcor and that David and Darlene had no right to revoke it. Specifically, Alcor maintained that the Revised Uniform Anatomical Gift Act applied to Orville's transaction with Alcor, that section 142C.3(5) of that Act prohibits revocation of such a gift by anyone other than the donor, and that section 142C.8(8) makes the rights of a procurement organization superior to the rights of all other persons. As a remedy, Alcor asked the district court to order David and Darlene to obtain a permit for the disinterment of Orville's body. Alcor offered to pay all expenses associated with the disinterment. Alcor conceded that Iowa Code section 144.34 did not authorize the court to directly order disinterment, but argued the court could order Orville's brother and sister to execute an application for a disinterment permit with the Iowa Department of Public Health.

In their resistance, David and Darlene responded that they had no knowledge of the arrangement between Orville and Alcor and that Alcor had failed to contact them during Orville's lifetime despite its knowledge of their appointment as his co-conservators. They argued the transaction with Alcor was not covered by the Revised Uniform Anatomical Gift Act. In any event, they maintained that under the Final Disposition Act, Iowa Code § 144C.5(1)(f), they had the ultimate authority to dispose of Orville's remains.³ David and Darlene further claimed that disinterment would be improper since it would not be for the purpose of autopsy or reburial.

The district court held a hearing on June 8, 2009. Arguments were presented, but no testimony was taken. In a June 15, 2009 ruling, the district court denied Alcor's requests for relief. The district court found the Final Disposition Act under Iowa Code chapter 144C to be controlling, and that Alcor could not qualify as a designee under the Act because Orville's declaration to Alcor was executed prior to the Act's effective date. Thus, the district court concluded that "David and Darlene were vested with the absolute right to control final disposition of Orville's remains after his death." The district court also agreed with David and Darlene that the disinterment statute did not apply inany event because Alcor was not seeking autopsy or reburial. Additionally, the district court found that it did not have authority to order David and Darlene to execute an application for a disinterment permit. Alcor appeals.

II. Issues on Appeal.

Four issues are raised on appeal: (1) whether Orville's arrangement with Alcor concerning the delivery of his body for cryonic suspension of his brain falls within Iowa's Revised Uniform Anatomical Gift Act; (2) whether Alcor, on the one hand, or David and Darlene, on the other, had the right to control the final disposition of Orville's remains; (3) whether a court has the authority to order David and Darlene to execute a consent to disinterment, assuming that Alcor prevailed on the first two issues; and (4) if so, whether the district court should have exercised that authority under the facts and circumstances of this case.

III. Legal Principles Governing Our Review.

A. Standard of Review.

This case was filed and tried in equity; therefore, our review is de novo. Iowa R.App. P. 6.907; see also Life Investors Ins. Co. of Am. v. Heline, 285 N.W.2d 31, 35-36 (Iowa 1979) (discussing the scope of review at some length and holding that disinterment actions are tried in equity and "reviewable de novo"). We examine the entire record and adjudicate rights anew on the issues properly presented. Commercial Sav. Bank v. Hawkeye Fed. Sav. Bank, 592 N.W.2d 321, 326 (Iowa 1999). While we give weight to the district court's factual...