Planning for the long-term care and financial security of a loved one with disabilities requires careful legal attention and compassionate planning. At the Law Offices of Robert P. Bergman we help families in Hidden Valley Lake and throughout Lake County create special needs trusts that preserve public benefits while providing for supplemental support. A well-drafted trust clarifies who will manage funds, how distributions are made, and how everyday needs and future care will be funded without jeopardizing Medi-Cal or Social Security benefits. We focus on clear, practical documents tailored to each family’s circumstances and goals.
A special needs trust is one component of a comprehensive estate plan that also often includes a will, powers of attorney, and healthcare directives. Our approach begins with a careful review of your family’s current resources, benefit eligibility, and future care prospects. From there we design trust terms that allow for discretionary distributions to enhance quality of life while protecting eligibility for public assistance programs. We also prepare supporting documents like pour-over wills, certification of trust, and HIPAA authorizations to streamline future administration and reduce obstacles for caregivers.
Putting a special needs trust in place protects a beneficiary’s eligibility for means-tested public benefits while allowing family resources to be used for supplemental needs that benefits do not cover. Trusts can pay for therapies, educational opportunities, adaptive equipment, transportation, vacations, and comfort items that improve day-to-day life. They also create a legal framework for trusted individuals to manage funds with duties and safeguards. For many families the greatest benefit is peace of mind: a plan that preserves benefits, provides flexible support, and sets out a clear path for future care and oversight without forcing difficult decisions in moments of crisis.
The Law Offices of Robert P. Bergman serves clients across California with focused estate planning services, including special needs trust drafting and administration. Our practice centers on practical solutions that reflect each family’s values and the legal landscape in California. We work closely with families to understand medical needs, benefit eligibility, and long-term caregiving plans so documents are effective and workable. Our goal is to deliver clear, compassionate guidance and reliable documents that can be easily implemented by trustees and caregivers when the time comes, reducing stress and ambiguity for everyone involved.
A special needs trust is a legal tool that holds assets for the benefit of a person with a disability while protecting eligibility for means-tested government benefits. Trust language is drafted so distributions are discretionary and do not count as countable income for benefit programs. There are different types of trusts and funding mechanisms to consider, and the choice depends on the source of funds, the beneficiary’s needs, and the family’s goals. Properly drafted trusts also include successor trustees, distribution standards, and provisions for what happens upon the beneficiary’s death to meet both caregiving and estate planning objectives.
Special needs trust administration requires attention to recordkeeping, permitted and non-permitted purchases, and coordination with public benefits administrators. Trustees must document distributions, retain receipts, and avoid direct cashing out that could trigger benefit reductions. The trust can be tailored with spendthrift protections, guidelines for discretionary distributions, and specific powers granted to trustees to ensure appropriate management. We help families create trust language that is both flexible enough to respond to changing needs and precise enough to preserve benefit eligibility and long-term financial stability for the beneficiary.
A special needs trust is a legal arrangement that enables funds to be used for a person with disabilities in ways that complement rather than replace public benefits. The trust holds assets under a trustee’s control and directs how distributions are made for supplemental items like therapies, transportation, educational tools, and quality of life expenses. The trust should explicitly state that distributions are discretionary and for items that do not duplicate benefits provided by government programs. Drafting must reflect both federal and California rules to prevent unintended loss of Medi-Cal or Supplemental Security Income benefits.
Important components of a special needs trust include naming a trustee and successor trustees, clear distribution standards, spendthrift language, and termination instructions. Effective trusts also include provisions addressing trustee powers, recordkeeping obligations, and coordination with public benefit rules. The process typically begins with a family meeting to gather financial and medical information, followed by drafting, review, and execution with appropriate witnessing. Once funded, trustees should maintain careful accounts and consult with qualified advisors on complex benefit interactions or proposed distributions that could affect eligibility for public assistance.
Understanding terminology used in special needs planning helps families make informed decisions. Terms like payee, trustee, beneficiary, supplemental needs, and first-party versus third-party trust have specific legal meanings that determine how funds are managed and how benefits are affected. Families should become familiar with these concepts so they can evaluate plan options and trust provisions. We provide plain-language explanations of each term and how they apply in California to help clients choose the right approach and avoid pitfalls that could jeopardize benefit eligibility or long-term stability.
A trustee is the individual or institution responsible for managing trust assets, making distributions, keeping records, and acting in the best interests of the beneficiary under the trust terms. Trustees have fiduciary responsibilities to administer funds prudently and follow the trust’s guidelines. Choosing a trustee involves considering availability, financial acumen, impartiality, and willingness to coordinate with caregivers and benefit administrators. A trust should name successor trustees and include instructions for when and how successor trustees take over to ensure continuity of care and financial management over the beneficiary’s lifetime.
Supplemental needs refer to items and services that enhance a beneficiary’s quality of life but are not covered by public benefits. Examples include adaptive equipment, therapies beyond basic medical care, recreational activities, transportation costs, respite for caregivers, and educational aids. Special needs trusts are designed to fund these supplemental needs without replacing benefits that address core daily living or medical requirements. Clear trust language should specify the kinds of supplemental support permitted so trustees can confidently make distributions that improve the beneficiary’s life while preserving public assistance eligibility.
The beneficiary is the person who receives the benefit of the trust’s assets and distributions. In a special needs trust context, the beneficiary is an individual with a disability whose eligibility for means-tested public benefits must be protected. The trust is established to improve the beneficiary’s life through supplemental support while ensuring continued access to Medi-Cal, Supplemental Security Income, or other public programs. Trust provisions must be tailored to the beneficiary’s current and anticipated needs, and trustees must administer funds with a focus on maintaining eligibility.
A first-party special needs trust is funded with assets that belong to the beneficiary, such as an inheritance or settlement, and often must include a payback provision to repay Medi-Cal upon the beneficiary’s death. A third-party special needs trust is funded with assets belonging to someone other than the beneficiary, typically a parent or other family member, and can include more flexible remainder provisions for family heirs. Each type has different legal and tax considerations and different effects on eligibility and estate distribution, so families should carefully evaluate which structure best meets their goals.
Families considering special needs planning should compare different trust structures, guardianship alternatives, and beneficiary designations to determine the best fit. Options include first-party versus third-party special needs trusts, pooled trusts managed by nonprofit organizations, and direct gifting with protective language. Each approach has pros and cons related to control, flexibility, payback requirements, tax implications, and administrative complexity. A thoughtful comparison helps identify the path that provides long-term care, preserves benefits, and aligns with family priorities while minimizing unintended consequences for the beneficiary and the estate.
A limited planning approach may be suitable when available funds are small or when a beneficiary’s needs are expected to be short term and easily met without complex administration. In such cases a modest third-party trust or a careful naming of a payee combined with a simple pour-over will may protect benefits and provide for immediate needs without the expense and administration burden of a larger trust. The planning should still address successor arrangements and basic recordkeeping so that small funds are used effectively and do not unintentionally affect benefit eligibility.
When a family provides daily support and intends to continue hands-on caregiving, a streamlined trust structure combined with clear directives may be sufficient for many households. If family members will manage most needs directly and financial resources are limited, documents that name trusted caregivers, create simple distribution permissions, and outline roles can be effective. Even in these cases, the trust should include safeguards to protect public benefits and provide clear successor arrangements to avoid disputes or uncertainty in the future.
Comprehensive planning is usually recommended when a beneficiary has complex medical needs, significant assets are available for their support, or when there are concerns about long-term caregiving continuity. In these situations, thorough legal documents, carefully drafted trust provisions, appropriate funding strategies, and coordination with financial and medical advisors help ensure that benefits are preserved, funds are managed responsibly, and future contingencies are anticipated. Comprehensive plans also reduce the risk of future disputes and provide a framework for orderly administration through changes in need and family circumstances.
When families want durable protection, oversight, and a clear path for care across decades, comprehensive trusts and supporting estate documents bring stability. These plans typically include successor trustee provisions, guidelines for discretionary distributions, and coordination with retirement and insurance planning. They may also anticipate future government rule changes, plan for changes in housing or care arrangements, and include provisions for special circumstances like education or transportation costs. Comprehensive planning gives family members confidence that a consistent framework will guide decisions when they cannot be present.
A comprehensive approach ensures that all legal, financial, and caregiving issues are considered together so decisions about one element do not undermine another. This includes aligning wills, powers of attorney, healthcare directives, and trust provisions to work as a cohesive plan. The result is smoother administration, reduced risk of benefit disruption, and clearer guidance for trustees and caregivers. Comprehensive planning can also incorporate tax efficiency, legacy planning, and support mechanisms for siblings or other family members who may be asked to assist the beneficiary over many years.
Another benefit is preparedness for unexpected life events. A thorough plan anticipates potential changes such as shifts in health, relocation, or changes in government benefits and includes contingencies to address them. By documenting expectations for how funds should be used and who will make decisions, families reduce the possibilities of disagreement and uncertainty. The comprehensive route often results in a more resilient plan that protects both the beneficiary’s day-to-day quality of life and long-term access to necessary public programs.
One of the primary advantages of a complete special needs plan is protecting eligibility for public benefit programs while still providing meaningful support. Careful drafting ensures distributions are discretionary and directed toward supplemental items, which helps maintain Medi-Cal and Supplemental Security Income eligibility. Comprehensive planning also addresses potential estate recovery obligations and includes appropriate payback provisions when required by law. This protection helps families maximize both government and private resources to support the beneficiary over the long term without unintended interruptions to essential services.
A thorough plan defines who will act on behalf of the beneficiary, what powers are granted, and how decisions should be made, which can minimize conflict and provide continuity of care. When responsibilities and expectations are written down, family members and trustees have a clear reference that guides behavior and decisions during stressful periods. This clarity reduces misunderstandings, helps maintain consistent support for the beneficiary, and makes transitions smoother if the primary caregiver becomes unable to continue their role or if a trustee must step in to manage affairs.
Begin conversations about long-term needs and funding sooner rather than later. Early planning allows families to structure trusts and supporting documents thoughtfully and to take advantage of opportunities such as funding options, beneficiary designation strategies, and potential use of third-party resources. Document key decisions, caregiver roles, and medical needs so that the trust reflects current realities and future intentions. Early preparation reduces last-minute stress and increases the chance that the trust will be funded and implemented as intended when the beneficiary needs support.
Select trustees who understand the beneficiary’s needs, can work cooperatively with caregivers, and will maintain careful records. Consider naming both individual and institutional trustees or co-trustees to combine personal knowledge with administrative capacity. Provide successor trustee instructions and consider staggered powers or oversight provisions to prevent unilateral decisions that could risk benefits. Clear guidance and communication with named trustees ahead of time can smooth transitions and ensure the trust functions properly when active administration is required.
Families consider special needs trust planning to protect public benefits, provide supplemental support tailored to a beneficiary’s needs, and create a predictable caregiving framework. Trusts can fund therapies, transportation, education, and enrichment that enhance quality of life while keeping benefit eligibility intact. Planning also addresses long-term succession and administration issues, names decision-makers, and reduces the risk of family disputes. For families in Hidden Valley Lake and Lake County, local knowledge of California rules combined with a clear written plan helps secure stability and continuity for loved ones with disabilities.
Another common reason to plan is to manage funds arising from an inheritance, settlement, or life insurance proceeds in a way that benefits the person with disabilities without disqualifying them from assistance. Trusts also give families more control over how resources are used across the beneficiary’s lifetime and allow for creative solutions like pooled trusts or layered funding strategies. Thoughtful planning provides comfort that resources will be available for special needs over the long term and that those resources will be used as intended.
Families often consider a special needs trust after receiving an inheritance, settling a claim, or when a child with a disability transitions to adulthood. Other triggers include the need to coordinate Medi-Cal eligibility, preparing for parental aging, or the desire to formalize informal caregiving arrangements. Trusts also become necessary when parents want to leave assets for a child with disabilities without jeopardizing benefits, or when a beneficiary acquires assets that could otherwise reduce or eliminate public assistance. Planning provides legal structure and clarity to address these situations.
When a beneficiary receives an inheritance or a settlement payment, a special needs trust is often used to hold those funds so benefits are preserved. Without a trust, direct receipt of assets could disqualify the beneficiary from means-tested programs. A properly drafted first-party trust with required provisions or a third-party trust funded by family assets can prevent that outcome. The trust sets out permitted uses for funds and guides trustees in making decisions that enhance quality of life while protecting public benefits for essential medical and daily living support.
As caregivers age, families need a plan for continuity of care and financial management. Creating a trust provides a legal mechanism to transition responsibilities to successor trustees and to fund ongoing support without interruption. The trust can identify preferred living arrangements, specify distribution priorities, and establish oversight mechanisms to ensure the beneficiary will continue to receive necessary services. Addressing these issues in advance reduces the likelihood of emergency guardianship or contested family decisions if a primary caregiver becomes incapacitated or passes away.
When a beneficiary’s needs change or benefit rules are updated, families may need to adjust planning to maintain eligibility and provide appropriate support. A special needs trust that is reviewed periodically can be amended or supplemented through other estate planning tools to reflect new living arrangements, increased healthcare costs, or evolving therapeutic needs. Regular reviews and updates to trust terms and funding strategies help ensure continued alignment with both legal requirements and the beneficiary’s best interests over time.
We provide in-person and remote consultations for families in Hidden Valley Lake and Lake County to discuss special needs trust options and related estate planning documents. Our team takes time to learn about your family’s situation, benefits landscape, and caregiving network before recommending a tailored plan. We prepare trusts, pour-over wills, powers of attorney, healthcare directives, and related documents so families have an integrated plan. Our goal is to produce documents that trustees, caregivers, and government administrators can apply with confidence when support is needed.
Clients work with our office because we provide practical, individualized planning that addresses both day-to-day needs and long-term protection for beneficiaries. We focus on drafting trust language that protects public benefits while allowing for meaningful supplemental support to improve quality of life. Our process includes careful review of financial resources, coordination with benefit rules, and preparation of supporting estate planning documents so the plan functions as a cohesive whole and adapts to changing circumstances without jeopardizing essential assistance.
We provide clear guidance about trustee responsibilities, recordkeeping, and permissible distributions so trustees can administer the trust in a manner consistent with benefit preservation. We also assist with funding strategies and coordinating beneficiary designation instructions for retirement accounts and insurance proceeds. Our aim is to make the administrative side manageable for family members and successor trustees by preparing thorough documents and checklists that clarify expectations and reduce the risk of errors that could affect benefit eligibility.
Clients appreciate our commitment to communication and follow-up, including document reviews after major life changes and assistance with trust administration questions as they arise. We work with financial planners, social workers, and other professionals when appropriate to create a support network around the beneficiary. By preparing a durable, flexible plan, families can feel more confident that their loved one will have supplemental resources and clear decision-making structures over the years, even if circumstances change.
Our process begins with an initial consultation to understand the beneficiary’s needs, current benefits, and family resources. We gather information about medical care, income, assets, and caregiver arrangements to determine the most appropriate trust structure. After recommending a plan, we draft documents, review them with you, and finalize execution steps including witness and notary requirements. Post-execution we provide guidance on funding the trust, recordkeeping, and administration practices that help preserve eligibility and support the beneficiary’s quality of life.
The first stage involves collecting detailed information about the beneficiary’s medical needs, income, assets, current government benefits, and family caregiving arrangements. We review eligibility for Medi-Cal and Supplemental Security Income and explore how potential funding sources might affect those benefits. This review identifies whether a first-party, third-party, or pooled trust is most appropriate and allows us to design trust language that addresses both immediate and long-term needs while complying with California rules and federal benefit guidelines.
We carefully inventory assets, income streams, and existing benefit enrollment to determine how trust funding will interact with public assistance programs. This assessment helps identify items that may be countable for benefit purposes and those that can be managed within a trust. Understanding the financial picture also enables the design of distribution standards that prioritize allowable supplemental expenses while minimizing the risk of benefit disqualification, creating a balanced plan suited to your family’s long-term goals.
We discuss caregiving arrangements, housing plans, educational and therapeutic needs, and potential future scenarios to ensure the trust supports realistic and meaningful distributions. This discussion informs trustee selection, successor trustee planning, and any oversight mechanisms needed to maintain prudent administration. By aligning the trust with the beneficiary’s life plan, families gain a document designed to meet both present circumstances and anticipated changes in care or living arrangements.
After collecting necessary information we draft the special needs trust and any supporting estate documents such as pour-over wills, powers of attorney, and healthcare directives. Drafting focuses on language that preserves benefit eligibility, delineates trustee powers, and provides clear standards for distributions. We review the documents with you, make adjustments based on feedback, and prepare final versions for execution. Documentation also includes instructions for funding the trust and checklists for trustees to follow during administration.
We create tailored trust clauses addressing discretionary distributions, spendthrift protection, trustee authority, and payback requirements when applicable. Supporting documents such as powers of attorney and healthcare directives are drafted to provide a unified plan that supports the beneficiary holistically. The goal is to produce legally sound documents that clearly express family intentions and reduce friction among caregivers and trustees when implementing the plan.
We walk clients through the draft documents, explain key provisions in plain language, and revise terms to reflect family preferences. Once the documents are finalized we provide guidance on signing, notarization, and witness requirements specific to California law. We also explain how to fund the trust by retitling assets, updating beneficiary designations, or transferring settlement proceeds so funding is done correctly and efficiently to achieve the intended protective effect.
Following execution we assist with funding the trust and provide materials to help trustees with administration. This includes recordkeeping templates, guidance on permitted and non-permitted distributions, and suggestions for coordinating with benefit administrators. We also offer periodic reviews to update documents as needs or laws change. Ongoing support ensures trustees have the information needed to make appropriate distributions and maintain the beneficiary’s access to public benefits while improving their quality of life over time.
Funding the trust may involve transferring bank accounts, retitling property, designating the trust as beneficiary of life insurance or retirement accounts, or directing settlement proceeds into the trust. Each funding method has legal and tax implications that affect benefit eligibility and administration. We provide step-by-step guidance on transferring assets to reduce errors, ensuring that the trust becomes effective to support the beneficiary and preserve access to necessary public programs.
Trustees receive practical instructions on recordkeeping, documentation of expenditures, and communication with benefit offices to avoid inadvertent questions or reductions. Periodic reviews of the trust and the beneficiary’s circumstances allow adjustments in distribution strategies and minor amendments when allowed. We remain available to address administration questions, help prepare required filings, and advise on changes that could impact the beneficiary’s eligibility or financial stability as life circumstances evolve.
A special needs trust is a legal arrangement that holds assets for the benefit of a person with disabilities while preserving eligibility for means-tested public benefits. The trust is structured so that distributions are discretionary and used to pay for supplemental items that government programs do not cover, such as therapies, adaptive equipment, travel, or recreation. By keeping assets within the trust rather than directly in the beneficiary’s name, the trust can prevent those assets from being counted toward program eligibility thresholds. Trust language, funding method, and administration practices are all important to maintain benefits. Trustees must document expenditures, avoid distributions that would be treated as income by benefit administrators, and coordinate with benefit agencies when necessary. The trust can be tailored to the beneficiary’s unique needs and should be drafted with attention to California-specific rules and potential Medi-Cal recovery obligations to ensure long-term protection and supplemental support.
A first-party special needs trust is funded with assets that belong to the beneficiary, such as an inheritance or a settlement. These trusts often must include a payback provision that reimburses Medi-Cal for services provided after the beneficiary’s death. Third-party special needs trusts are created and funded by someone other than the beneficiary, like a parent or relative, and typically do not require payback to Medi-Cal, allowing remaining funds to pass to other heirs according to the trust terms. Choosing between the two depends on the source of funds and family goals. First-party trusts are commonly used when the beneficiary receives assets directly, while third-party trusts are used to leave assets to the beneficiary without affecting benefits. Each type has different drafting and administrative considerations, and the selection should reflect the family’s long-term intentions and the nature of the funds involved.
Funding a special needs trust can be accomplished in several ways depending on the origin of assets. Family members often fund third-party trusts by naming the trust as the beneficiary of life insurance policies, retitling accounts, or transferring assets into the trust during the grantor’s lifetime. For settlements or inheritances that go directly to the beneficiary, a first-party trust can be established to receive those funds while preserving benefit eligibility. Each method requires attention to legal and tax implications, beneficiary designations, and the mechanics of retitling or assignment. We provide guidance on the most appropriate funding approach for your circumstances and assist with necessary transfers, beneficiary designation updates, and documentation to ensure funding is effective and consistent with benefit preservation goals.
Selecting a trustee involves considering availability, reliability, willingness to keep detailed records, and the ability to make discretionary decisions that reflect the beneficiary’s needs. Many families choose a trusted relative as trustee and name a professional or institutional co-trustee for administrative support or as a successor. Trustees are responsible for managing trust assets prudently, making distributions consistent with the trust’s purpose, keeping accurate records, and coordinating with caregivers and public benefit administrators when necessary. Trust documents should clearly describe trustee powers, distribution standards, and successor trustee procedures to reduce uncertainty. Trustee duties can be balanced by including oversight mechanisms such as regular accounting requirements, co-trustee structures, or named advisors. Clear instructions and training for trustees before administration begins will increase the likelihood of smooth, appropriate management of trust resources.
Properly drafted special needs trusts are designed to avoid disqualifying the beneficiary from Medi-Cal and Supplemental Security Income by ensuring that trust assets are not treated as the beneficiary’s personal resources. Distributions should be discretionary and used for supplemental items that do not replace benefits provided by government programs. The trust must comply with federal and California rules, and trustees must avoid direct cash distributions that could be considered income for benefits purposes. Even with a well-drafted trust, careful administration is crucial. Trustees must keep receipts, document every distribution, and understand the categories of permissible expenses. Consulting with professionals and updating the trust when laws or circumstances change helps maintain eligibility and prevent unintended reductions in government assistance.
Whether a special needs trust can be changed depends on how it was created and who holds amendment powers. Many third-party trusts include provisions that allow the grantor or designated persons to modify or revoke the trust, providing flexibility as circumstances evolve. First-party trusts that are required to meet certain statutory conditions may have more limited options for amendment, especially with respect to payback provisions. Understanding the trust’s revocability and amendment clauses is important when planning for future changes. Regular reviews and updates are recommended after major life events such as births, deaths, marriage, relocation, or changes in benefits eligibility. Even if substantive changes are restricted, attorneys can sometimes recommend complementary documents or techniques to address new needs while preserving the trust’s benefit-protecting functions. Periodic consultation helps align the plan with current goals and legal requirements.
At the beneficiary’s death the trust’s terms dictate what happens to remaining assets. For many first-party special needs trusts there is a statutory requirement to reimburse Medi-Cal for services provided during the beneficiary’s lifetime before any remaining funds are distributed according to the trust’s directions. Third-party trusts, on the other hand, often allow remaining funds to pass to secondary beneficiaries named in the trust without a payback requirement. Clear remainder provisions should be drafted to express family wishes for any leftover funds, specifying heirs or charitable beneficiaries as appropriate. Families should consider the potential tax and administrative consequences and coordinate remainder clauses with the overall estate plan to ensure consistency with broader legacy goals.
Pooled special needs trusts are managed by nonprofit organizations that pool funds from multiple beneficiaries while maintaining separate accounts for each individual. These trusts can be a good option when families lack sufficient resources to support a standalone third-party trust or when a nonprofit’s administrative structure provides economies of scale and professional management. Pooled trusts often offer a reliable alternative with established policies for distributions and oversight that help maintain benefit eligibility. However, pooled trusts vary by provider, so families should evaluate fees, investment strategies, distribution standards, and the nonprofit’s track record. For some families a pooled trust is the most practical solution, while others may prefer the control and customization of a separately managed trust. Choosing the right path depends on resources, desired control, and long-term goals for the beneficiary.
Yes. A special needs trust is most effective when integrated with other estate planning documents such as a pour-over will, powers of attorney, and advance health care directives. A pour-over will ensures that assets not transferred during life can be directed to the trust at death, while powers of attorney provide delegated authority for financial decisions if a caregiver becomes incapacitated. Healthcare directives and HIPAA authorizations ensure that medical decision-making and information access align with the beneficiary’s needs and the family’s wishes. Together these documents form a cohesive plan that addresses both financial and healthcare matters. Coordinating designations for retirement accounts and life insurance to work with the trust further supports long-term benefit preservation and implementation of the family’s intentions without unnecessary surprises or legal complications.
Special needs plans should be reviewed at least annually and after significant life events such as changes in benefits, major health developments, moves to different care settings, or changes in family structure. Regular reviews help ensure that trust provisions remain aligned with the beneficiary’s needs and current laws, and allow for adjustments in funding strategies or trustee arrangements. Timely updates reduce the risk of unintended benefit disruptions and maintain the plan’s effectiveness over time. Even in the absence of major events, periodic check-ins are valuable to confirm that funding strategies are working and trustees understand their duties. Legal and financial environments change, so a proactive approach to review helps families adapt to new regulations and maintain continuity of support for the beneficiary.
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