five guys who claim to be plainclothes police, when they search your wallet and find the lawyer’s business card, they might think twice about trying to tangle with you. (true story…)
Find someone you know; someone you can call and give you real legal advice.
In these columns, we deal with many of the emergencies and problems we could face while participating in one of our favorite sports, but it occurred to me that I hadn’t considered the legal ramifications or preparations we, as paddlers, or as a sponsoring club, should be aware of in case we suffer an injury or death on a trip. Whether a club trip, or otherwise.
We talk a lot about insurance as a club, and the ACA waivers, but not really what we should do to prepare our own situation for a possible injury or death along the way. Like, that is never going to happen to US, will it?
How many of us know which lawyer we should call for help? Do our spouses or significant others know who they should call if we don’t come back? Or come back significantly injured or diminished?
We all sign waivers, for all the good that would do. If I don’t come back from a trip, would Terry know who to call or what to do? Or if Terry doesn’t come back, who should I call? And what would I need to do?
Our club member John Bartos, recommends “everyone (particularly non- married partners and single people) need something like a Will package. That includes a Will, Statutory Power of Attorney (to be able to handle your financial affairs if you are unable), Medical Power of Attorney, Directive to Physicians and Family (aka Living Will). These of course are what we all should have. Doesn't relate to just river accidents, but none of us knows when we might get run over by a Metro Bus.
Of course, I plan to be immortal. But in reality, none of us are getting out of here alive.”
Most of us are aware of the man who died during a Buffalo Bayou Regatta several years ago when his PFD got caught in a sweeper and held him underwater. And more recently, a man died while competing in the Texas Water Safari from hyponatremia. We take precautions, and practice safe paddling, but still can get caught short. An old maxim states: All the skill in the world won’t help you when the angels piss on your flash powder.
Have a card with your personal and contact information in your gear. Have it laminated so it is waterproof.
Kelly Floro at “The Trek” recommends these for a thru-hiker, which can also apply for a paddle trip:
7. Get your bills on autopay.
8. Make sure your Health insurance is up to date.
9. Make sure your car insurance is current
11. Visit your doctor: renew prescriptions + address outstanding health concerns.
14. Notify your credit card company you’ll be traveling + make sure you know your debit PIN.
15. Entrust someone with your important personal information and passwords.
16. Designate someone to handle your mail.
I have a friend who went on a trip to Indonesia several years ago. While there, he fell and suffered a back injury. While he was in the hospital, they operated in order to alleviate the back injury, and while they were operating, he suffered a stroke, and other complications, and when he finally returned to the US after several months, he could not talk, he had limited use of one hand and one leg, and had amnesia of vast amounts of his history, including passwords to his computers and online accounts.
Please try to gather your important information – all the paperwork we have mentioned, and your passwords and account information into one folder in one place where your significant others or children can find it if they need to.
What other information would someone need to deal with, if suddenly you couldn’t for a couple of months or years? Do you have photograph or blog accounts online? Insurance and pension plans? Bank accounts?
When my wife’s parents died, it was a small town, and the bank knew what had happened, so they allowed my wife and her sister to access their parent’s accounts and pay bills and close things out, but usually banks won’t allow survivors access to a person’s account without some court order, or legal permission of some sort. Just because a person’s name is on the credit card, doesn’t mean they have full access to a bank account.
Again, talk to a lawyer who would know how to set things up.
Things get messy. It is our job to take care of things. Stay safe out there.
See you On The Water!
Harmon