Planning for the care of a beloved pet after you are gone is an essential component of a comprehensive estate plan. A pet trust provides a legally enforceable framework to ensure your animal receives ongoing care, designated funds, and a trusted caregiver. At the Law Offices of Robert P. Bergman in Santa Monica, we help clients understand how a pet trust fits with wills, revocable living trusts, and healthcare directives. This guide outlines practical steps, terms, and options for protecting your pet’s future while aligning with California law and your personal wishes.
A well-drafted pet trust addresses who will care for your pet, how funds will be used, and what instructions should guide that care. This document can be standalone or part of a broader estate plan including pour-over wills and trust funding documents. Naming alternate caregivers, setting veterinary care parameters, and creating a funding mechanism for food, boarding, and medical treatment helps reduce ambiguity and conflict among survivors. The information below is intended to help Santa Monica residents make informed decisions about leaving a secure, practical plan for their pet’s long-term welfare.
Leaving clear instructions and a funding source for your pet prevents confusion and disputes after your passing. A pet trust designates a caregiver, sets funds aside for ongoing care, and appoints a trustee to manage those funds. It can also provide for veterinary decisions, boarding, grooming, and final arrangements. By creating a trust specifically for your pet, you reduce the risk that family members will disagree about care or that funds intended for the animal will be diverted. For Santa Monica pet owners, a pet trust ensures continuity of care and peace of mind for both owner and animal.
The Law Offices of Robert P. Bergman serves clients across Santa Monica and greater Los Angeles County with a focus on thoughtful, practical estate planning. Our team works closely with clients to draft pet trusts that reflect individual preferences while complying with California law. We emphasize clear communication, careful drafting of funding provisions, and appointment of suitable trustees and caregivers. Whether creating a standalone pet trust or incorporating provisions into a larger trust or will, our approach centers on protecting your pet’s needs and anticipating foreseeable issues before they arise.
A pet trust is a legal arrangement that sets aside property or funds for the care of an animal and names a person to manage that property. In California, pet trusts are recognized and enforceable when drafted properly. They allow you to specify the caregiver, the trustee who handles funds, and the instructions for daily care and medical decisions. A pet trust can cover one or more animals and can be structured to provide for lifetime care or a set period. Proper drafting helps avoid common pitfalls like insufficient funding or unclear caretaker responsibilities.
Key elements of a pet trust include identifying the beneficiary animal, defining the trustee’s responsibilities, establishing a funding mechanism, and providing instructions for veterinary care and lifestyle preferences. The trust can also name alternate caregivers and trustees, set periodic distributions for food and medical expenses, and include contingencies for relocation or long-term boarding. Pet owners should review existing estate documents to ensure trust provisions are consistent and that beneficiaries understand the plan. A thorough plan reduces the likelihood of disputes and ensures predictable care for the animal.
A pet trust is a fiduciary arrangement that holds and manages assets for the benefit of an animal beneficiary. It designates a trustee to manage funds and a caregiver to provide day-to-day care. The trust document specifies how monies may be spent, who makes medical decisions, and what happens if a caregiver cannot continue. Pet trusts can be funded by transfers into a revocable trust, by an outright bequest in a will, or by other designated assets. Clear definitions within the trust help trustees and caregivers follow the grantor’s wishes and provide stable care for the animal.
Pet trust documents typically include the animal’s identification, caregiver appointment, trustee powers and duties, funding provisions, and instructions regarding care and medical treatment. The trustee may be authorized to pay routine expenses, veterinary bills, boarding, and end-of-life care. Processes often involve creating an initial funding amount, specifying periodic distributions, and naming alternates for both trustee and caregiver. Including documentation such as veterinary records and photos can aid identification and decision-making. Periodic reviews ensure funding remains adequate as needs change over time.
Understanding the terminology used in pet trusts helps owners make informed choices and communicate intentions clearly. Terms such as trustee, caregiver, beneficiary animal, funding mechanism, and distribution schedule appear regularly in trust documents. Knowing these definitions reduces ambiguity and supports proper administration after the owner’s incapacity or death. The glossary below explains common phrases encountered when drafting or reviewing a pet trust in California, along with practical implications for the trustee and caregiver named in the document.
A trustee is the individual or entity tasked with managing the trust’s assets and making distributions for the pet’s care according to the trust terms. The trustee decides how to allocate funds for food, veterinary care, boarding, and other authorized expenses, and maintains records of expenditures. Trustees may also coordinate with caregivers and veterinarians. Selecting a trustee who is trustworthy and capable of handling financial matters helps ensure that funds are available and used appropriately for the pet’s ongoing needs.
The caregiver is the person who provides daily care for the pet, including feeding, exercise, grooming, and companionship. Caregiver responsibilities can be expanded to include taking the animal to veterinary appointments and administering medications as directed. The trust should name primary and alternate caregivers to avoid disruption in care if the primary is unavailable. Clear instructions about routines, dietary needs, and temperament help caregivers maintain the animal’s quality of life and follow the owner’s preferences faithfully.
The beneficiary animal refers to the specific pet or pets that benefit from the trust. Properly identifying the animal with name, description, age, and medical details helps prevent confusion, especially if multiple animals could be eligible. The trust can include provisions for additional animals or future pets. Naming the beneficiary clearly ensures that funds and instructions are applied to the intended animal, and that caregivers and trustees can confirm which animal is covered under the trust terms.
The funding mechanism explains how the pet trust will receive assets to cover expenses. Common methods include transfers from a revocable living trust, specific bequests in a will, or designated funds in a bank account or life insurance policy. The amount should reflect expected routine and medical costs, with a reasonable cushion for emergencies. Trustees must manage funds prudently, keep records, and follow distribution instructions. Ensuring the trust is adequately funded at the time of administration helps prevent disputes and guarantees ongoing care for the pet.
Pet owners can choose among wills with caregiver instructions, trusts with dedicated funding, or informal arrangements relying on family members. A will may nominate a caregiver but does not provide a secure funding source unless tied to a probate distribution. Informal promises to care for a pet lack legal enforceability and may leave animals vulnerable. By contrast, a pet trust provides both direction and financial support, offering more reliability. The right approach depends on family dynamics, asset structure, and the level of control the owner wishes to maintain after death or incapacity.
A limited approach may suit owners with modest assets and a trusted friend or family member who agrees to care for the pet without compensation. In such cases, including caregiver instructions in a will or leaving a modest gift can work if relationships are stable and the caregiver is willing to assume responsibility. However, this reduces legal enforceability and financial oversight compared with a trust. Clear, written communication with the chosen caregiver and backup plans increase the likelihood that the pet will receive consistent care after the owner’s death.
If an owner anticipates only short-term arrangements, such as temporary guardianship during a planned absence, informal plans or a simple letter of intent may suffice. Pet owners can leave instructions for immediate care and contact information for trusted individuals. While suitable for brief transitions, these informal approaches lack the legal and financial protections of a trust. For longer-term arrangements or when funds are required for medical treatments, a formal trust provides a dependable structure to ensure the pet’s needs are met consistently over time.
Comprehensive planning is advisable when owners want to guarantee long-term financial support and oversight for their pets. A properly funded trust assigns a trustee to manage resources, ensuring regular distributions for food, veterinary care, and other ongoing needs. This structure provides accountability, recordkeeping, and safeguards against misuse of funds intended for the animal. For owners with multiple pets, medical conditions requiring ongoing treatment, or assets earmarked specifically for animal care, a trust-based plan offers predictable, enforceable protection.
When family dynamics are uncertain or when pets require frequent or expensive medical care, a comprehensive pet trust reduces the risk of conflict and ensures decisions follow the owner’s wishes. The trust can specify veterinary protocols, medication regimens, and criteria for end-of-life care to guide caregivers and veterinarians. Naming alternate caregivers and trustees, along with clear funding provisions, helps resolve disputes and maintain continuity of care. This level of detail is particularly valuable in households with multiple potential caregivers or where the animal’s needs are significant.
A comprehensive pet trust provides legal clarity, financial support, and enforceable instructions for long-term animal care. It reduces the likelihood of family disputes by clearly stating the owner’s intentions, designating accountable parties, and specifying how funds should be used. Trustees are empowered to make distributions and handle bookkeeping, ensuring money for the pet is preserved and used as intended. For Santa Monica residents who want assurance that their pet will be cared for to their standards, a trust delivers structure and reliability.
Additionally, a thorough plan can address contingencies like caregiver incapacity, relocation, or changes in the pet’s health. Including alternate caregivers and precise veterinary instructions prevents gaps in care. A trust also allows the owner to set aside adequate resources to balance routine expenses and emergency medical costs, helping maintain the pet’s quality of life. Documentation and periodic reviews ensure the plan adapts to changing circumstances, so the trust remains effective over time and continues to meet the animal’s needs.
By allocating funds specifically for a pet’s care, the trust guarantees financial resources will be available when needed. Trustees manage these funds, disbursing money for recurring costs and unforeseen veterinary expenses according to the owner’s instructions. This structured funding reduces the burden on caregivers and helps avoid disputes about money. It also provides transparency through recordkeeping, so expenditures can be tracked and justified. For pet owners who want to leave a lasting legacy of care, this approach offers peace of mind and practical protection.
Detailed instructions within a pet trust guide caregivers and veterinarians on day-to-day routines, dietary needs, medication schedules, and preferences for medical interventions. This clarity reduces uncertainty during stressful transitions and helps maintain the pet’s established routines and standards of care. Including emergency contacts, veterinary records, and photo identification facilitates smooth handovers and appropriate medical responses. Clear directions also help avoid disagreements about costly treatments by setting criteria for when certain procedures are authorized.
Selecting the right caregiver and trustee is essential to ensuring smooth administration and consistent daily care. Discuss the arrangement with potential caregivers ahead of time to confirm willingness and practical ability to provide long-term care. Name alternates in the trust to prepare for unexpected changes. Choose a trustee who will keep diligent records and manage funds prudently; this person may be different from the caregiver. Clear written instructions and documentation, such as veterinary records and a routine guide, will ease the transition and help maintain the pet’s wellbeing.
Provide detailed instructions about daily routines, dietary restrictions, medication schedules, and behavioral notes to help caregivers maintain continuity. Include authorizations for veterinary treatment and guidelines for end-of-life decisions to reduce uncertainty. Attach current veterinary contact information, medical records, and photos to the trust or an accompanying packet. Regularly update these materials to reflect changes in the pet’s health and preferences. Clear documentation helps trustees and caregivers follow your intentions and enhances the likelihood of consistent, compassionate care.
Pet trusts offer a structured, enforceable way to provide for an animal’s future care when an owner cannot continue to do so. They combine clear instructions with financial resources, reducing the risk that funds intended for the pet will be diverted. For residents of Santa Monica, where veterinary costs and living expenses can be significant, a trust helps secure funds for ongoing care. This planning reduces stress for loved ones and provides continuity for the animal, preserving routines and ensuring access to necessary medical treatment over time.
Moreover, a pet trust protects against uncertain family dynamics or changes in personal circumstances by naming alternates and establishing enforcement mechanisms. It allows owners to tailor care instructions to their pet’s unique needs and to set expectations for long-term welfare. Whether an animal has specialized dietary or medical requirements, or owners simply wish to leave a reliable plan, a pet trust delivers legal structure and financial backing to make sure the animal remains cared for as intended.
Common reasons to establish a pet trust include anticipating owner incapacity, planning for long-term care after death, addressing expensive medical needs, or ensuring consistent care when family arrangements are uncertain. Owners facing relocation, extended travel, or changes in household composition may also use a pet trust to guarantee continuity. Additionally, people with multiple pets or animals with special needs benefit from the trust’s ability to earmark funds and set clear instructions. Creating a trust before a crisis helps avoid rushed decisions and provides a dependable plan for the animal’s future.
When an owner expects possible incapacity or health decline, a pet trust ensures that care decisions and funding are in place ahead of time. This prevents last-minute arrangements and confusion if the owner can no longer communicate preferences. The trust can appoint someone to manage funds and coordinate caregiving while specifying the level of medical intervention desired. By planning proactively, owners reduce the burden on family members and secure a consistent environment for the animal during a difficult transition.
If family members are unable or unwilling to provide long-term care, a pet trust identifies alternate caregivers and provides financial means to support professional or paid arrangements. The trust can outline preferences for boarding, foster care, or placement with a trusted third party. Naming multiple alternates and leaving clear instructions increases the chances of a smooth handover. This strategy is useful for owners who wish to avoid burdening relatives or who prefer paid caregiving arrangements to ensure consistent attention and high standards of care.
Pets requiring ongoing medical treatment or specialized behavioral care benefit from the predictability of a trust-funded plan. The trust can authorize specific treatments, allocate funds for necessary therapies, and require periodic reviews of care standards. For animals with chronic conditions, detailed instructions help caregivers and veterinarians coordinate long-term strategies. This approach helps maintain continuity of care and provides financial resources to meet the animal’s medical needs without relying on ad hoc family contributions.
The Law Offices of Robert P. Bergman provides personalized estate planning services to Santa Monica residents, including creation and administration of pet trusts. We work with clients to tailor documents that reflect their wishes for pet care, fund trusts appropriately, and name reliable trustees and caregivers. Our office aims to make the process straightforward and to explain options in plain language. Clients receive practical guidance on funding methods, caregiver selection, and plan maintenance so their pets remain cared for according to their preferences.
Our firm focuses on providing clear, practical estate planning solutions for individuals and families in Santa Monica. We guide clients through the decision-making process, from choosing caregivers to structuring funding and drafting enforceable trust provisions. We emphasize communication and thoughtful drafting to reduce ambiguity and potential conflicts. Clients appreciate having a well-documented plan that addresses both daily care and financial management, ensuring pets receive the protection intended without leaving burdens on family members.
We assist in integrating pet trusts with existing estate planning documents, such as revocable living trusts, pour-over wills, powers of attorney, and advance health care directives. This coordination helps ensure consistency and seamless transition of assets at the time of administration. By addressing funding, trustee responsibilities, and caregiver designations all together, the plan is more likely to function as intended when it is needed. We also prepare alternate arrangements to adapt to changes in circumstances over time.
Clients receive practical advice on realistic funding levels, recordkeeping, and documentation to support trust administration. We explain Trustee and caregiver roles in straightforward terms, recommend how to preserve funds for long-term care, and draft clear instructions for medical and end-of-life decisions. Our goal is to help Santa Monica pet owners build a dependable plan that balances compassion for the animal with practical and legal safeguards to ensure long-term wellbeing.
Our process begins with a consultation to gather background information about the pet, the owner’s wishes, and the household dynamics. We then recommend a structure for the trust, discuss funding options, and help select trustees and caregivers. After agreeing on terms, we draft the trust, review it with the client, and finalize execution steps. We provide clients with copies of the trust, guidance on funding, and recommendations for maintaining and updating the plan. Ongoing support helps ensure the trust remains effective over time.
In the first step, we collect detailed information about the pet, including health history, routine needs, and current costs of care, and discuss the owner’s preferences for caregiving and funding. We also review existing estate documents to coordinate provisions and avoid conflicts. This phase includes discussing potential trustees and caregivers and exploring funding sources such as trust transfers or bequests. The information gathered informs the drafting of a tailored document that fits the owner’s objectives and actual circumstances.
During the client interview we document the pet’s identifying details, medical records, behavioral notes, and day-to-day routines. This profile helps craft specific instructions and assists caregivers in maintaining continuity of care. We also talk through preferences for medical treatment, boarding, and end-of-life decisions. Gathering this information early ensures the trust includes practical directives that caretakers and veterinarians can implement without confusion or delay, preserving the pet’s comfort and wellbeing.
We review wills, revocable living trusts, powers of attorney, and healthcare directives to ensure the pet trust integrates smoothly and avoids conflicting provisions. This review identifies the best method to fund the pet trust and clarifies beneficiary designations. Coordinating documents prevents unintended consequences at the time of administration and helps guarantee that funds intended for the pet are accessible to the trustee when needed. This step promotes consistency and reduces the likelihood of disputes among surviving family members.
Once planning details are set, we draft a pet trust tailored to the client’s instructions, specifying caregiver duties, trustee powers, funding mechanisms, and contingencies. We review the draft with the client and adjust language as needed to reflect precise intentions. After final approval, we assist with execution formalities and provide guidance for properly funding the trust. Clear, well-executed documents reduce ambiguity and help trustees and caregivers follow the owner’s wishes faithfully after an event triggers administration.
Drafting focuses on establishing practicable instructions for everyday care, veterinary authority, and how funds should be disbursed. We aim to balance specificity with flexibility so trustees can address unforeseen situations without violating the owner’s intent. Provisions may include periodic distributions, emergency spending authorizations, and criteria for euthanasia or specialized treatment. Thoughtful drafting reduces ambiguity and provides trustees and caregivers with a roadmap to fulfill their responsibilities effectively.
After the document is finalized, we assist with proper execution, witness and notarization when required, and guidance on moving assets or designating funds to ensure the trust is effective. Funding options are discussed so the trust has immediate access to resources when needed. We provide instructions for updating beneficiary designations and making transfers from revocable trusts. Proper funding and documentation at execution help prevent administrative delays and make it more likely the trustee can honor the owner’s instructions promptly.
Administration includes the trustee managing funds, making distributions to the caregiver, and keeping records of expenditures and decisions. Trustees coordinate with caregivers and veterinarians to ensure continuity of care and follow the trust’s instructions. We recommend periodic reviews of the trust to adjust funding levels, update caregiver designations, and incorporate changes in the pet’s health. Regular maintenance keeps the plan current and effective, ensuring long-term protection for the animal.
Trustees must manage funds prudently, make timely distributions, and maintain clear records of receipts and expenditures. Good recordkeeping provides transparency and helps resolve any questions from caregivers or family members. Trustees may also be responsible for coordinating veterinary care, approving major medical decisions within established parameters, and ensuring funds are used only for the pet’s benefit. Regular accounting builds confidence that the trust is administered as intended and helps avoid potential conflicts.
Circumstances change over time, and periodic reviews allow owners to amend funding levels, update caregiver designations, or modify care instructions. We recommend clients revisit their pet trust whenever there are major life events such as moves, changes in family relationships, or significant health developments in the pet. Amendments and restatements ensure the trust continues to reflect current preferences and remains effective in delivering consistent care as the animal ages or medical needs evolve.
A pet trust is a legal arrangement that holds and manages assets for the benefit of an animal and names a trustee to oversee funds and a caregiver to provide daily care. In California, pet trusts are recognized and enforceable when drafted to comply with state law. The trust document specifies who will care for the animal, how funds may be used, and any medical or lifestyle instructions. Establishing a trust helps ensure the pet receives financial support and guidance for care decisions when the owner is unable to provide them. Creating an effective pet trust involves identifying the pet clearly, naming primary and alternate caregivers and trustees, and specifying funding and distribution details. The trustee is responsible for handling money and making payments for authorized expenses, while caregivers provide physical care. Including contingencies and clear authority for medical decisions helps minimize disputes. Working through these items in advance provides a practical roadmap for the pet’s future care and reduces uncertainty for loved ones.
Determining the appropriate amount for a pet trust depends on the pet’s expected lifetime costs, including food, grooming, routine veterinary care, and potential ongoing medical needs. Consider current expenses, potential inflation, boarding costs during caregiver absences, and an emergency buffer for unexpected treatments. It helps to estimate annual costs and multiply by the pet’s remaining life expectancy, adding a contingency for significant medical issues. A realistic funding calculation avoids underfunding and stress for successors tasked with administering the trust. Funding decisions also take into account how funds will be accessed and managed. Trustees should be empowered to make distributions for both routine and emergency expenses. Options for funding include transferring assets into a revocable living trust, making a specific bequest in a will, or designating funds from other accounts. Periodic review of funding levels helps maintain sufficiency as costs and needs evolve over time.
Yes. It is common to name a trusted friend or family member as the caregiver while appointing a bank, trust company, or another individual as trustee. This arrangement separates day-to-day care from financial management duties, allowing each party to focus on their role. The trustee handles funds and recordkeeping, while the caregiver provides daily attention and veterinary coordination. Clear communication and written acceptance from both parties before finalizing the trust reduce the risk of future difficulties. Choosing different people for these roles can be beneficial when the caregiver is not comfortable managing money or when objective oversight is preferred. The trust should outline the trustee’s powers, such as making distributions, reimbursing the caregiver, and paying for medical care, while specifying how the two parties will coordinate. Selecting alternates for both positions ensures continuity if someone is unable to serve.
A well-drafted pet trust names alternate caregivers and trustees to address situations where the primary caregiver cannot continue. The trust should include a clear succession plan that specifies who will assume caregiving duties and how the trustee should transfer custody or arrange new care. Including multiple alternates reduces the likelihood of a gap in care. Trustees may also have authority to place the animal in boarding or professional care temporarily while locating a new caregiver. If no named alternates are available, trustees use the trust’s instructions to make reasonable arrangements for the animal’s welfare, which could include contacting family members, arranging foster care, or working with animal welfare organizations. Clear instructions about priorities and acceptable living arrangements help trustees act quickly and in line with the owner’s wishes.
Pet trusts can cover multiple animals and can even include provisions for future pets, provided the trust identifies how funds are to be allocated among beneficiaries. The document can specify whether resources are divided equally, held in a pooled fund, or assigned priority order. For future pets, the trust can outline criteria for eligibility and funding levels to ensure new animals receive care without displacing existing beneficiaries. Clear allocation language prevents ambiguity when multiple animals share the trust’s resources. When covering multiple animals, consider differences in age, medical needs, and expected lifespans. Trustees must balance distributions so each animal’s needs are met, and the trust should address what happens when one animal dies or when funds become insufficient. Periodic review is important to adjust allocations if the composition of pets or their needs change.
Common funding methods for a pet trust include transfers from a revocable living trust, a specific bequest in a will, or designating a bank account or life insurance policy to provide resources. Ensuring assets are properly titled or designated so that the trustee can access them when needed is essential. Funding at execution or through beneficiary designations reduces delays in administration and makes it more likely that funds will be available promptly to cover care expenses. Clear instructions for funding reduce the risk of administrative hurdles during a difficult time. Owners should coordinate beneficiaries and account titles and document funding intentions to avoid disputes. Trustees must manage funds prudently and keep records of distributions. Periodic reassessment of funding levels and methods helps ensure the trust remains effective and that the pet’s needs are met even as costs and circumstances evolve.
Pet trusts created as part of a revocable trust or funded by a bequest in a will may be subject to the same administration processes as other trusts or probate distributions, depending on how they are funded. A wholly funded trust that holds title to assets typically avoids probate-based delays, while funds distributed through probate can be slower to reach a trustee. Careful planning to title assets directly in the trust or to use mechanisms that bypass probate makes resources available more quickly to meet the pet’s needs. Trustees follow trust law and the terms set by the owner when administering a pet trust. Proper drafting and funding at the outset help ensure that the trustee can perform duties without litigation or unnecessary delays. Consulting about titling and funding options is important to align administration with the owner’s intention for timely care.
Include clear instructions about routine care, dietary preferences, exercise needs, medication schedules, and authorized veterinary procedures. Specify who may make major medical decisions and whether certain treatments are permitted or should be avoided. Providing contact information for the primary veterinarian, a preferred emergency clinic, and any relevant medical records will help caregivers and veterinarians act quickly and appropriately. These details reduce uncertainty and help maintain continuity in the pet’s care and comfort. Also consider including guidance for end-of-life decisions, such as preferences regarding euthanasia or hospice care, and whether the trustee should reserve funds for memorial arrangements. Setting objective criteria or naming a trusted decision-maker can help caregivers and veterinarians make compassionate choices consistent with the owner’s values while avoiding emotional disputes.
Review your pet trust periodically, especially after major life events such as moves, changes in family relationships, or significant shifts in the pet’s health. Periodic reviews help ensure caregiver designations remain appropriate, funding levels are sufficient, and care instructions still reflect the pet’s needs and the owner’s preferences. Annual or biennial check-ins provide an opportunity to update veterinary information, medical records, and contact details so the trust remains practical and effective over time. Updating the trust when necessary prevents gaps in care and helps the plan stay aligned with current circumstances. Amendments or restatements can address changes in funding, new caregivers, or evolving medical protocols. Regular maintenance reduces the likelihood of disputes and increases the chance that the pet will receive consistent, intended care.
A pet trust can include language that expresses the owner’s preferences for the animal’s standard of living, such as specifying living arrangements, types of food, grooming frequency, or allowable boarding standards, provided those directions are reasonable and enforceable. Trustees are expected to use funds prudently and in the pet’s best interest according to the trust’s terms, balancing the owner’s wishes with fiscal responsibility. Drafting realistic, workable instructions increases the likelihood they will be upheld and followed by trustees and caregivers. It is important to avoid overly rigid or impractical mandates that could make administration difficult or lead to disputes. Clear, flexible instructions that set priorities—such as health and comfort—allow trustees to respond appropriately to unforeseen circumstances while honoring the owner’s intent as closely as possible.
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