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Advance Health Care Directive Lawyer in South Pasadena

Complete Guide to Advance Health Care Directives in South Pasadena

An advance health care directive lets you state your medical preferences and appoint someone to make health decisions on your behalf if you cannot speak for yourself. For residents of South Pasadena and surrounding Los Angeles County, creating this document ensures that your wishes about life-sustaining treatments, pain management, and other medical care are known and can be followed. This discussion will describe the key choices included in an advance health care directive, how it interacts with other estate planning documents like a living trust or HIPAA authorization, and practical steps to prepare and sign the directive in compliance with California law.

Preparing an advance health care directive is an important part of a comprehensive estate plan and offers peace of mind for you and your loved ones. It reduces uncertainty during stressful medical situations by naming a trusted decision maker and outlining your treatment preferences. In California, the form and language matter to ensure enforceability, and pairing the directive with a HIPAA authorization and a durable financial power of attorney helps coordinate medical and financial care. This guide will clarify common options, explain how the directive works with other documents, and suggest practical considerations for South Pasadena residents.

Why an Advance Health Care Directive Matters for You

An advance health care directive provides clear instructions about medical care and appoints someone to carry out your wishes if you are unable to communicate. That clarity helps reduce family conflict, speeds decision-making in emergencies, and ensures medical providers understand your preferences. For many people, the directive complements other estate planning tools by establishing medical authority while a durable power of attorney or trust handles finances. It also makes hospital admission and care transitions smoother when accompanied by a HIPAA authorization. Taking these steps proactively gives you control over future medical choices and protects loved ones from making uncertain calls under stress.

About the Law Offices of Robert P. Bergman and Our Approach

The Law Offices of Robert P. Bergman provides practical, client-centered estate planning services for residents across California, including South Pasadena. Our approach focuses on understanding each client’s priorities for medical decision-making, family dynamics, and long-term care planning. We prepare advance health care directives that reflect individual values and integrate them with related documents like living trusts, pour-over wills, and HIPAA authorizations. With clear communication and attention to legal requirements under California law, the firm helps clients create reliable paperwork that medical providers and family members can follow when it matters most.

Understanding Advance Health Care Directives and How They Work

An advance health care directive in California typically includes instructions about life-sustaining treatment, pain control, and comfort care as well as the designation of an agent to make decisions if you cannot. It can be tailored to reflect preferences about resuscitation, ventilators, tube feeding, and other interventions, and may be combined with a separate durable power of attorney for health care or a living will for additional clarity. The directive takes effect only when you cannot make or communicate decisions, and it guides physicians, hospitals, and family members so that care aligns with your stated values and goals.

In practice, the advance health care directive becomes part of your medical record and should be provided to your primary care provider, local hospital, and any long-term care facility where you may receive treatment. While the directive outlines your preferences, the person you appoint as agent has authority to interpret those wishes and make decisions in real time. Because circumstances can change, reviewing and updating the directive periodically or after major health events helps ensure it still reflects your intentions. Combining the directive with HIPAA authorization ensures caregivers have access to necessary medical information.

What an Advance Health Care Directive Is and What It Does

An advance health care directive is a legal document that lets you state how you want medical decisions handled if you cannot decide for yourself. It commonly names an agent to make choices about treatments and includes instructions about life-sustaining measures, palliative care, and other treatment preferences. The directive is intended to guide doctors and family members and to reduce uncertainty during critical medical moments. It works alongside other planning documents so that medical decisions align with your broader estate plan and personal values while complying with California statutes and medical facility policies.

Core Elements and Steps to Create an Effective Directive

An effective advance health care directive includes clearly written treatment preferences, the designation of a health care agent, instructions about organ donation or end-of-life care if desired, and a HIPAA authorization to permit information sharing. The process begins with a thoughtful discussion of values and likely scenarios, followed by drafting a document that reflects those choices in plain language. Signing requirements and witnesses vary, so reviewing California-specific formalities is important. After execution, distributing copies to your agent, medical providers, and family members ensures the directive can be found and followed when needed.

Key Terms and Glossary for Advance Health Care Planning

Familiarity with common terms helps you make informed choices when preparing an advance health care directive. Definitions cover agents, living wills, HIPAA authorization, durable powers of attorney, and other items that appear in medical and estate planning discussions. Understanding these terms clarifies the role each document plays and how they interact. Reviewing this glossary before meeting with your attorney or health care provider can streamline the drafting process and make it easier to specify the language and options that match your wishes and circumstances.

Advance Health Care Directive

An advance health care directive is a written statement of a person’s health care preferences and the appointment of a decision-maker to act when the person cannot make or communicate decisions. It may include choices about life-sustaining treatment, comfort care, and organ donation. The directive becomes part of medical records and guides physicians and family members to ensure care aligns with the individual’s informed choices. It is an important element of a comprehensive estate plan and should be reviewed periodically to reflect any changes in values, health status, or relationships.

Durable Power of Attorney for Health Care

A durable power of attorney for health care is a document that designates an agent to make medical decisions for you if you are incapacitated. This legal tool often functions within or alongside an advance health care directive, clarifying who has decision-making authority and any limitations on that authority. The agent can consult with medical professionals, access records if a HIPAA authorization is included, and make choices that align with the principal’s documented values. Clear selection and communication with the chosen agent help ensure timely and consistent decision-making under stress.

Living Will

A living will is a document that outlines specific wishes about medical treatment at the end of life, such as preferences regarding resuscitation, mechanical ventilation, tube feeding, and pain management. Unlike an agent designation, a living will provides direct instructions to medical providers about the kinds of care the person does or does not want under certain conditions. When used with an advance health care directive and an appointed decision maker, a living will helps ensure that both directives and real-time decisions reflect the person’s intentions and minimize family disagreement during critical moments.

HIPAA Authorization

A HIPAA authorization is a document that allows designated individuals and providers to access protected health information. Including a HIPAA authorization with an advance health care directive ensures the appointed agent and other trusted contacts can obtain medical records, speak with providers, and make informed decisions. Without this authorization, privacy rules may limit the information available to decision makers, creating delays and confusion. A properly executed HIPAA release is a practical complement to a directive, helping caregivers act quickly and in accordance with the principal’s wishes.

Comparing Limited Documents and Comprehensive Planning Options

When planning for medical decisions, individuals can choose a targeted document like a simple advance directive form or pursue comprehensive planning that integrates directives with trusts, powers of attorney, and related estate documents. Limited forms may be appropriate for straightforward preferences and can be prepared quickly, but they may not address complex family or medical scenarios. Comprehensive planning creates a cohesive framework so that medical, financial, and long-term care decisions work together. The decision depends on your personal circumstances, family dynamics, and whether you want additional protections for privacy, incapacity, or long-term planning.

When a Focused Directive May Be Enough:

Simple Preferences and Low Complexity

A limited form or short advance health care directive may be suitable if you have clear, straightforward medical preferences and few complicating factors such as blended families, contested decision makers, or significant assets tied to medical decisions. For people with uncomplicated family dynamics who only need to record basic choices and appoint a trusted agent, a concise form can provide meaningful protection without a lengthy planning process. It is still important to ensure the document meets California’s formal requirements and is shared with providers and the appointed agent.

Low Likelihood of Future Conflicts

A brief directive might be appropriate for individuals who believe family members will readily cooperate and follow documented wishes without legal guidance. If there is strong trust among family and a predictable medical trajectory, a straightforward directive paired with a HIPAA authorization can be effective. However, even in seemingly harmonious families, unexpected disagreements can arise, so documenting decisions clearly and communicating them in advance remains an important step to reduce misinterpretation and delay when medical decisions are needed.

Why Integrated and Complete Planning Provides Greater Protection:

Complex Family or Financial Situations

Comprehensive planning is often advisable when family relationships are complex, there are children from multiple relationships, or significant assets require coordinated management during incapacity. In such cases, combining an advance health care directive with a trust, financial power of attorney, and clear guardianship nominations prevents gaps and conflicts. A thorough approach ensures medical decisions align with financial arrangements and long-term plans for care, reduces the risk of disputes, and provides a structured process for managing both health and estate matters under California law.

Anticipated Long-Term Care or Special Needs

If you foresee long-term care needs, have beneficiaries with special needs, or wish to protect eligibility for public benefits, comprehensive planning helps coordinate medical and financial choices. Documents such as special needs trusts, irrevocable life insurance trusts, or retirement plan trusts can work together with an advance health care directive to preserve benefits and provide for ongoing care. Thoughtful planning minimizes disruptions in care and helps maintain continuity of support, ensuring both health directives and financial arrangements reflect long-term priorities.

Benefits of Integrating an Advance Directive into a Full Plan

A comprehensive approach ensures that your medical wishes are supported by complementary financial and estate planning documents, reducing gaps that can cause delay or conflict. When directives, trusts, powers of attorney, and HIPAA releases are aligned, appointed decision makers have the authority and information needed to act quickly and consistently. This integrated planning provides continuity across medical, financial, and long-term care needs, and can be tailored to account for unique family situations, beneficiary considerations, and asset protection goals under California rules.

In addition to clarity and coordination, comprehensive planning can reduce the need for court involvement and costly disputes by anticipating potential conflicts and addressing them in advance. For families with children, special needs beneficiaries, or blended family dynamics, a full plan establishes who will make medical and financial decisions and how assets will be managed or distributed. This foresight promotes smoother transitions, preserves relationships, and helps ensure that the resources you leave behind are used in the manner you intended.

Coordinated Decision-Making and Reduced Conflict

When an advance health care directive is part of a broader plan, decision makers are more likely to act in line with your values because they have access to both your written preferences and the legal authority necessary to act. Clear role definitions and aligned documents reduce ambiguity and the chance of disagreement among family members. This coordination helps medical providers and facilities implement your wishes efficiently, minimizing delays in care and providing a smoother experience for both you and your loved ones during stressful medical situations.

Protection for Vulnerable Beneficiaries and Assets

Comprehensive planning allows you to address the needs of vulnerable beneficiaries by combining health care directives with trusts and financial plans that preserve eligibility for benefits and provide continuous support. For example, a special needs trust can protect a beneficiary’s government benefits while a HIPAA authorization ensures medical information flows to authorized caregivers. Integrating these documents ensures that medical decisions and asset management support long-term wellbeing and protect the financial interests of those who depend on you.

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Practical Tips for Preparing an Advance Health Care Directive

Choose and Prepare Your Health Care Agent Carefully

Selecting the right person to serve as your health care agent requires thought and conversation. Choose someone who understands your values, can remain calm under pressure, and is willing to communicate with family and medical personnel. Discuss specific treatment preferences and scenarios so your agent feels prepared to honor your wishes. Providing written guidance or a personal letter along with the directive can help the agent interpret your preferences. Make sure the person is willing to accept the responsibility and understands how to access your medical information when necessary.

Keep Documents Accessible and Share Copies

After you sign an advance health care directive and any related HIPAA authorization, give copies to your appointed agent, primary care physician, and any specialists who treat you regularly. Keep a copy in an accessible location and consider carrying a wallet card that notes the existence of the directive and where a copy can be found. Providing copies to family members reduces uncertainty about your wishes and ensures that health care providers can locate the appropriate documents quickly in an emergency or during hospital admission.

Review and Update Documents Periodically

Life changes such as marriage, divorce, illness, or changes in relationships may affect who you want as your agent or what treatments you prefer. Review your advance health care directive periodically or after major life events to ensure it still reflects your values. Updating your document and redistributing copies keeps your plan current. Additionally, changes in medical practice or legal forms can affect how directives are interpreted, so periodic review helps maintain clarity and enforceability under California law.

Common Reasons to Prepare an Advance Health Care Directive

People choose to prepare an advance health care directive to ensure their medical wishes are followed, to appoint a trusted decision maker, and to reduce stress for family members during emergencies. Creating a directive clarifies preferences about life-sustaining treatment, resuscitation, and palliative care, and it helps avoid disputes among loved ones. For those with chronic conditions, progressive illnesses, or a desire to plan ahead, the directive provides a clear, legally recognized way to communicate medical choices before a crisis occurs.

Another reason to consider this service is to coordinate medical decision making with broader estate plans. When the directive works alongside a HIPAA authorization, living trust, and powers of attorney, appointed agents can act efficiently with access to both health and financial information. This integrated approach protects continuity of care, preserves family relationships by clarifying roles, and helps ensure that both medical and financial affairs are managed in accordance with your priorities and California legal requirements.

When Advance Health Care Planning Becomes Important

Advance health care planning is particularly important when facing major surgery, a progressive diagnosis, advanced age, or the need for long-term care. It also benefits those who travel frequently or who have family members living far away who may need to make quick decisions. Preparing a directive is prudent for individuals who want to make their preferences known well before a crisis, and for families who wish to minimize ambiguity and potential conflict during stressful medical situations.

Major Medical Procedures or Surgeries

Before undergoing major surgery or invasive procedures, preparing an advance health care directive ensures your preferences are recorded in case complications impair your ability to consent to treatment. It lets surgical teams and family members know whether you would want life-sustaining interventions or prefer comfort-focused care under certain circumstances. Having this documentation in place ahead of time reduces last-minute stress and provides clarity about how to proceed if unexpected events occur during or after the procedure.

Chronic or Progressive Illness

When managing a chronic or progressive medical condition, an advance health care directive helps outline long-term preferences and the threshold at which certain treatments should be considered or avoided. It supports continuity of care across multiple providers and facilities by documenting your values regarding quality of life, pain control, and life-prolonging measures. An up-to-date directive makes it easier for caregivers and medical teams to act in accordance with your goals during changing health circumstances.

Advanced Age and Long-Term Care Planning

As people age, the likelihood of needing surrogate decision-making increases, making an advance health care directive an essential part of long-term planning. The directive designates who will make medical choices and provides instructions to guide those decisions, which is helpful for transitions into assisted living or nursing care. Planning ahead avoids emergency decision-making and supports dignity by ensuring that medical care aligns with personal priorities during the later stages of life.

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South Pasadena Advance Health Care Directive Services

The Law Offices of Robert P. Bergman assists South Pasadena residents with drafting advance health care directives tailored to individual values and medical preferences. We help clients identify and appoint trusted health care agents, draft clear instructions about treatment choices, and prepare supporting documents like HIPAA authorizations and powers of attorney. Our goal is to make the process understandable and to ensure that signed documents meet California legal formalities so they can be relied upon by medical professionals and loved ones when prompt decisions are required.

Why Choose the Law Offices of Robert P. Bergman for Your Directive

Choosing legal guidance for an advance health care directive helps ensure the document is clear, legally valid, and coordinated with your other estate planning needs. The Law Offices of Robert P. Bergman provides practical drafting and review services designed to address your medical preferences and family circumstances while complying with California law. We focus on clear communication, thoughtful selection of a health care agent, and pairing the directive with complementary documents like HIPAA releases to support timely decision-making by authorized individuals.

Our approach emphasizes preparation and communication. We assist clients in discussing sensitive treatment preferences with family members and potential agents, helping to minimize surprises and future disputes. By integrating the directive with trusts, powers of attorney, and guardianship nominations when appropriate, we help create a cohesive plan that aligns medical decisions with financial and estate arrangements. We also review executed documents to ensure they are distributed to providers and trusted contacts who may need them.

Clients receive practical advice on updating documents over time and on how to use the directive in real-life medical situations. We provide clear instructions for what to bring to medical appointments, who should receive copies, and how to revoke or amend a directive if circumstances change. Our goal is to empower clients to make informed decisions and to leave behind a plan that reduces stress and preserves dignity for both the client and their loved ones.

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How We Prepare Your Advance Health Care Directive

Our process begins with a consultation to discuss your health care values, treatment preferences, and who you wish to appoint as an agent. We then draft a directive tailored to your wishes and review it together to ensure clarity and compliance with California law. After execution with the required signatures and witnesses, we provide copies for distribution to your agent, physician, and any relevant care facilities. We also explain how the directive works with other documents and advise on keeping it current over time.

Step One: Initial Consultation and Information Gathering

During the initial meeting we discuss your health care priorities, any existing medical conditions, and the individuals you are considering as agents. We explore specific treatment scenarios and your preferences for life-sustaining measures and comfort care, and we identify other documents that should accompany the directive. This collaborative conversation ensures the directive reflects your values and helps us draft language that will be straightforward for medical providers and family members to follow when needed.

Discussing Values and Treatment Preferences

We guide clients through questions about desired medical interventions, resuscitation preferences, and approaches to palliative care so those choices are recorded in clear, practical language. This step helps transform personal values into specific instructions that health care providers can apply. We also help clients think through scenarios where preferences may vary, enabling them to include conditional guidance and clarifying language so that decision makers are prepared for a range of possible situations.

Selecting and Preparing Your Health Care Agent

Selecting a health care agent involves assessing trust, availability, and willingness to advocate on your behalf. We assist clients in discussing responsibilities with potential agents and advising them on how to obtain medical records if a HIPAA authorization is included. Clear communication with the chosen agent before signing the directive increases the likelihood of decisions that reflect your wishes and reduces uncertainty for loved ones in stressful moments.

Step Two: Drafting Documents and Coordinating Related Papers

Once choices are confirmed, we draft the advance health care directive and any related documents such as a HIPAA authorization, durable power of attorney for health care, or living will language. We ensure the documents align with California requirements and coordinate them with existing estate planning items like trusts or wills if applicable. Drafting at this stage focuses on clarity and practicality so that medical personnel and designated agents can readily implement the instructions in real situations.

Preparing HIPAA and Supporting Releases

A HIPAA authorization is often prepared alongside the directive so agents and family members can access medical records and speak with providers. This authorization facilitates efficient coordination of care by removing privacy-related obstacles and ensuring authorized people have the information necessary to make informed decisions. We draft HIPAA releases to align with your chosen agents and to specify details such as the scope and duration of access where appropriate.

Integrating with Financial and Estate Documents

When appropriate, we review existing estate documents like revocable living trusts, powers of attorney, and guardianship nominations to ensure consistency across medical and financial planning. Coordinating these instruments prevents gaps between who manages finances and who makes health decisions, and it can simplify transitions if incapacity occurs. This integration creates a cohesive plan that helps appointed decision makers act confidently and in accordance with your broader estate objectives.

Step Three: Execution, Distribution, and Ongoing Review

After drafting, we guide you through signing and any witness or notarization requirements so the directive is ready for use. We provide certified copies and recommend distribution to your agent, primary care physician, and family members who should know your preferences. We also advise on storing the original in an accessible place and reviewing the directive periodically or after major life events to confirm it still matches your wishes and to make updates when necessary.

Signing, Witnesses, and Notarization Guidance

California has specific guidelines for valid advance directive execution, including witness and notarization rules in some cases. We explain these formalities and oversee signing to reduce the risk of challenges. Proper execution and clear distribution help ensure that hospitals and care facilities will accept and follow the directive when called upon, and that your appointed agent can act without unnecessary delay or dispute.

Ongoing Updates and Client Support

Life circumstances and medical options change over time, so we recommend reviewing your advance health care directive periodically and after significant events like marriage, divorce, or new diagnoses. We provide follow-up support to update documents, reissue copies, and address questions from agents or family members. Ongoing attention keeps your plan current and ensures that your healthcare instructions remain aligned with your values and needs.

Advance Health Care Directive Frequently Asked Questions

What is an advance health care directive and why do I need one?

An advance health care directive is a legal document that records your preferences for medical treatment and names a person to make health decisions for you if you cannot do so yourself. It may address issues such as life-sustaining care, pain management, and other treatment options, and it is designed to guide physicians and loved ones during critical medical situations. Having a directive reduces uncertainty and helps ensure that care aligns with your values and wishes. You might need a directive to prevent family disputes, to provide clear instructions during emergencies, and to appoint a trusted decision maker. It is especially helpful for people facing major surgeries, progressive illnesses, or those who want to plan ahead. Creating the directive and sharing it with your agent and medical providers increases the likelihood that your wishes will be followed.

Choose someone you trust to act calmly under pressure, communicate with family members, and make decisions based on your known preferences. The ideal agent understands your values and is willing to advocate with medical teams, review information, and make potentially difficult choices when you cannot express your wishes. It is often helpful to discuss specific scenarios with potential agents so they understand your expectations. Consider availability and geographic proximity when choosing an agent, as timely access to medical facilities and records can matter in urgent situations. You may also name backup agents in case your primary designee is unavailable. Clear communication with your chosen person before signing the directive helps ensure they are prepared and willing to serve in the role.

A living will typically provides specific instructions about the kinds of medical care you want or do not want at the end of life, such as preferences regarding life support, tube feeding, or resuscitation. An advance health care directive often combines those written instructions with the appointment of an agent who can make decisions on your behalf. The two documents can overlap but serve complementary purposes: one expresses direct treatment preferences, and the other empowers a person to interpret and implement those preferences. Using both tools together can offer increased clarity in complex medical situations. The living will provides concrete instructions, while the advance directive designates an agent to handle real-time decisions and to address scenarios that may not be anticipated in a static set of instructions. This combination can be especially helpful for ensuring continuity of care.

California does not always require notarization for an advance health care directive, but witness or notarization requirements can vary depending on the type of directive and the circumstances. Some documents may require witnesses who are not related by blood or marriage and who are not entitled to any portion of your estate. Verifying signing requirements ensures that the document will be accepted by medical providers and minimize challenges to its validity. To avoid issues, it is wise to follow California’s recommended formalities when executing a directive and to keep copies in accessible locations. Working with counsel or a knowledgeable advisor helps confirm that the document meets legal standards and is properly witnessed or notarized when appropriate.

To increase the likelihood that hospitals and doctors will follow your directive, provide copies to your primary care physician, local hospital, and any specialists who treat you. Keep an extra copy with your appointed agent and in a place where it can be easily retrieved in an emergency. Some people carry a card in their wallet indicating that an advance health care directive exists and where a copy can be found. Including a HIPAA authorization with the directive also helps by permitting your agent to access medical records and communicate with providers. Clear, accessible distribution and communication with medical teams prior to a crisis reduces delays and improves adherence to your documented wishes.

Yes, you can revoke or update your advance health care directive at any time as long as you have the capacity to do so. Revocation can be done by executing a new directive, physically destroying the existing document, or providing a signed written statement of revocation. It is important to communicate any changes to your agent, family members, and medical providers so that outdated versions are not relied upon during a health event. When updating, review other related documents like HIPAA authorizations and powers of attorney to ensure they remain consistent. After making changes, distribute updated copies to relevant parties and consider retaining the previous version or a record of revocation so there is no confusion about which document should be followed.

Including a HIPAA authorization with your advance health care directive is often recommended because it allows your agent and other designated persons to obtain medical records and speak with providers. Without this authorization, privacy laws can prevent family members or agents from accessing necessary health information, which can delay decision-making and complicate care. The HIPAA release should clearly name authorized individuals and specify the scope of permitted disclosures. A well-drafted HIPAA authorization facilitates informed decision-making by giving your agent the information needed to act on your behalf. This practical addition supports timely coordination of care and helps ensure that the agent can consult with physicians and obtain records that clarify your medical status and options.

Review your advance health care directive periodically and after major life events such as marriage, divorce, the death of a chosen agent, or significant changes in health. Medical treatments and technologies can also change over time, so revisiting your preferences ensures the document remains aligned with your values and current medical realities. A recommended practice is a review every few years or whenever circumstances change in a way that affects your choices or the people you trust to make decisions. When you update the directive, distribute new copies to your agent, health care providers, and family members, and note the date of revision on each version. Keeping records of updates helps avoid confusion and ensures that medical personnel and decision makers follow your most recent instructions.

Alongside an advance health care directive, consider preparing a HIPAA authorization, a durable power of attorney for health care if separate forms are preferred, and a durable financial power of attorney to handle financial affairs during incapacity. A living will can provide additional clarity about end-of-life treatment preferences. For many people, coordinating these documents with a revocable living trust or a pour-over will completes a comprehensive plan that covers both medical and financial needs. Guardianship nominations, certification of trust, and other estate documents may also be appropriate depending on family circumstances and asset structure. Working through these items together produces a cohesive plan so agents and caregivers have access to necessary legal authority and information when acting on your behalf.

Inform family members and your appointed agent by having open, direct conversations about your preferences and the contents of your advance health care directive. Provide printed copies to your agent, primary care physician, and any specialists, and keep the original in an accessible yet safe location. Consider leaving a clear note in a common place or in your medical record that indicates where the directive and related documents are stored. Encourage your agent and family to review the directive so they understand your values and the specific choices you have made. Clear communication reduces the risk of disagreement and helps ensure that your wishes are understood and respected during medical decisions.

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