Guardianship nominations are an important part of estate planning for parents and caregivers who want to name trusted people to care for minor children if something happens to them. This page explains how guardianship nominations work in California and how they are used within a complete estate plan that can include trusts, wills, powers of attorney, and healthcare directives. Many families appreciate having clear, written nominations to reduce uncertainty, provide peace of mind, and help streamline the steps a court or family will follow when making custody determinations for minors. The information here is intended to be practical and accessible for Buena Park households.
Choosing who will raise your children if you are unable to do so is one of the most personal decisions a parent can make. A guardianship nomination documents your preferences and makes them easier for caregivers and courts to follow, but it does not eliminate the court’s role in confirming a guardian’s appointment. Guardianship nominations work best when coordinated with other estate planning documents like a pour-over will, trust, and advance health care directive. This overview helps Buena Park residents understand the role of nominations and the broader planning steps that protect children and family assets.
A timely guardianship nomination offers families clarity and direction about who should care for children if parents become incapacitated or pass away. By naming primary and alternate guardians, parents make their wishes known, which can reduce conflict among relatives and speed up court decisions when a guardian must be formally appointed. Nominations also help ensure continuity of care by identifying people familiar with the child’s needs and family values. When combined with a well-structured estate plan, nominations support family stability, help protect minor children’s financial interests, and make transitions smoother during emotionally difficult times.
The Law Offices of Robert P. Bergman provide estate planning services that address guardianship nominations alongside trusts, wills, and advance directives. We focus on practical planning that reflects each family’s priorities, including naming guardians, detailing healthcare preferences, and arranging financial protections for minors. Calls and consultations start with listening to your goals so that nominee selections and supporting documents align with family circumstances. The firm’s process is designed to be thorough and approachable, helping Buena Park clients navigate legal requirements and coordinate documents for reliable family protection and orderly transitions.
A guardianship nomination is a written statement in a will, trust, or separate form declaring your preference for who should care for your minor children. In California, nominations carry persuasive weight but courts still review the child’s best interests when appointing a guardian. Effective nominations name primary and alternate choices, provide contact and background information for each nominee, and explain any particular needs of the child. This planning tool works best when combined with financial arrangements, such as trusts or a general assignment of assets to a trust, so that a guardian has access to resources for the child’s care without delays or administrative hurdles.
Nominations can be included in a will, a trust, or a separate document depending on the family’s overall plan. A pour-over will paired with a revocable living trust can help ensure that assets designated for a child flow into the trust for management by a trustee while the nominated guardian handles day-to-day care. Parents who want greater control over how funds are used might also consider trust types such as a special needs trust, pet trust, or irrevocable life insurance trust when appropriate. Planning ahead avoids confusion and supports a guardian’s ability to provide stable care for minors.
A guardianship nomination is a document stating who you recommend to the court as guardian for your minor children if you cannot care for them. It typically identifies primary and alternate nominees and may include limited instructions about care preferences, schooling, or religious upbringing. While the court retains the final decision based on the child’s best interests, a well-drafted nomination can guide the court, help avoid disputes among family members, and speed the appointment process. Combining a nomination with financial planning measures ensures the nominated guardian can access necessary funds for the child’s welfare.
Effective nominations include clear names and contact information for nominees, details about alternates, a statement of the child’s needs and routine, and coordination with financial documents that fund the child’s care. The process often begins with family discussions to identify appropriate caregivers, followed by drafting the nomination and integrating it into the will, trust, or a separate declaration. After that, parents should review and update the nomination as family circumstances change. When emergency planning, make sure the nominated guardian knows your wishes and where to find the necessary documents to act quickly.
Understanding common terms helps families make informed choices when naming guardians. Terms such as guardian, conservator, custodial guardian, pour-over will, trust, and power of attorney describe different roles and documents that affect a child’s care and the management of their assets. Knowing these differences clarifies who will make personal, medical, or financial decisions for a child and which documents provide the authority needed. Clear definitions within your estate plan reduce ambiguity and support smoother transitions if a guardian must be appointed.
A guardian is an individual appointed to make personal and custodial decisions for a minor child, including daily living arrangements, education, and healthcare choices. In court proceedings the judge will consider a guardian nomination as part of the decision but will prioritize the child’s best interests above a parent’s stated preferences. Guardianship can be temporary or permanent depending on circumstances, and a guardian’s authority may be limited by other documents or by court orders. When selecting a nominee, parents should consider the person’s relationship with the child and their ability to provide stability and care.
A pour-over will is a testamentary document that directs assets into a trust at death, helping ensure property otherwise not titled to the trust is transferred to the trust for management. For parents naming a guardian, a pour-over will can help ensure that funds intended to support minor children become available in trust for the trustee to manage. This arrangement helps the appointed guardian focus on parenting while a trustee handles financial management according to the trust terms. It is often paired with revocable living trusts and other documents to form a cohesive estate plan.
A revocable living trust is a flexible estate planning tool that holds assets during a person’s lifetime and distributes them according to the trust’s terms at incapacity or death. For families with minors, the trust can name a trustee to manage funds for a child while a nominated guardian cares for the child’s daily needs. Revocable trusts can reduce probate burdens, provide continuity in asset management, and allow parents to set conditions for distributions. Trusts should be funded properly and reviewed periodically to reflect changes in family structure or finances.
An advance health care directive documents who may make medical decisions for you if you cannot do so, and may include instructions about the type of care you want. While primarily about an adult’s medical decisions, these directives are often part of a family’s broader emergency plan so caregivers know medical wishes and how to proceed in crisis. For parents, having health care directives, powers of attorney, and guardianship nominations in place ensures that both the child’s care and the parent’s healthcare decisions are coordinated when urgent situations arise.
Families deciding how to prepare often weigh a limited nomination against a broader guardianship and estate plan. A limited nomination names preferred guardians but does not address financial arrangements or long-term management for a minor’s inheritance. A broader plan includes trusts, pour-over wills, and directives that specify how resources are managed and disbursed to support the child. Limited nominations are quick and useful as interim steps, while full planning reduces uncertainty and provides a clearer path for both care and finances. The right approach depends on family priorities, assets, and the desired level of control over future distributions.
A limited nomination might suffice for families with minimal assets or where close relatives are ready and able to assume care without financial coordination. When assets are modest and family members agree on custody arrangements, a simple written nomination included in a will or standalone document can guide immediate decisions while allowing normal inheritance processes to proceed. Even in these cases, it remains important to ensure the nominated guardian knows the parents’ wishes and how to access necessary paperwork, since court involvement may still be required to formalize the guardian’s role.
Families facing temporary absence or short-term medical treatment may rely on a limited guardianship nomination to designate a temporary caregiver until the parent can resume duties. This approach can be appropriate when long-term financial arrangements are not needed and the nominated caregiver has immediate capability to handle daily responsibilities. Even when planning for short-term contingencies, it is helpful to leave clear written instructions and contact information to prevent delays and to reassure all parties that the child’s welfare is protected during the temporary period.
Comprehensive planning is often appropriate for families with significant assets, blended family structures, or children with special needs who require ongoing financial and care arrangements. When money, property, and long-term support are part of the equation, it is important to coordinate guardianship nominations with trusts, trustee designations, and legacy documents to ensure funds are used according to the parents’ wishes. Comprehensive plans reduce the risk of disputes and create a structured, legally enforceable mechanism for sustaining a child’s care and financial needs over time.
Parents who want precise control over how and when funds are distributed for a child’s education, health, and general welfare often choose trust-based solutions alongside guardianship nominations. Trust instruments can define distribution triggers, set age-based milestones, and protect assets from mismanagement or unintended use. A comprehensive strategy also addresses successor trustees, irrevocable life insurance arrangements, and other mechanisms to preserve assets. This layered approach helps maintain continuity of care and financial oversight even if family circumstances or caregiving arrangements change over time.
Integrating nominations with trust and will provisions reduces family uncertainty and clarifies how a child’s living needs and financial support will be handled. A coordinated plan allows a nominated guardian to focus on the child while a trustee manages funds according to prearranged instructions. This separation of roles can minimize conflicts and administrative burdens, because the legal structure already designates who handles what. Families gain peace of mind knowing that both caregiving and financial stewardship have been considered, and that documents are in place to guide decisions during stressful transitions.
Comprehensive planning also reduces the potential for delays that can arise when assets must pass through probate or when no trustee is available to manage funds immediately for the child’s benefit. Trust arrangements and pour-over wills help ensure that resources are available when needed, and advance healthcare directives and powers of attorney protect the parent’s preferences during incapacity. Together, these documents form a practical roadmap that helps nominated guardians and trustees act quickly and consistently for a child’s welfare without needing ad hoc arrangements at a difficult time.
One primary advantage of a coordinated plan is the stability it provides for the child’s daily life, schooling, and medical care. When guardianship nominations are paired with clear financial arrangements, the appointed guardian can rely on accessible funds and defined support rather than piecing together resources under stress. Stability also comes from having alternates named, instructions documented, and a trustee in place to manage legacy funds. This structure supports continuity in routines and decision-making, which is especially important during times of grief or sudden change.
By documenting preferences and establishing financial safeguards, families can reduce the chance of disputes among relatives about who should raise a child and how assets should be used. Clear nominations and trustee designations present a coherent plan for courts and relatives to follow, which can limit contentious litigation and accelerate court processes. While no plan eliminates every disagreement, having written guidance and financial mechanisms in place helps courts honor a parent’s documented wishes and promotes smoother transitions for the child and household.
Discuss your nomination choices early and openly with potential guardians and alternates to confirm their willingness and ability to care for your children. These conversations prevent surprises and allow you to learn about any potential scheduling, location, or lifestyle issues that could affect caregiving. Early dialogue also helps nominees understand the child’s routines, medical needs, and schooling preferences, and ensures that the selected individuals can coordinate with family members. Clear communication simplifies swift action if a guardian appointment becomes necessary.
Review nominations and related estate documents periodically, especially after major life events such as marriage, divorce, the birth of additional children, or significant changes in nominee availability. People’s circumstances change over time, and keeping nominations up to date ensures your current wishes will be recognized. Regular reviews also offer the opportunity to confirm that trust and will provisions still reflect financial realities and that contact information for nominees remains accurate. Updating documents reduces the risk of confusion and keeps your plan aligned with your family’s evolving needs.
Including a guardianship nomination ensures that your preferences about who should care for your minor children are documented and easily available to the court and family members. Nominations reduce uncertainty during challenging times, help avoid disputes among relatives, and provide a clear starting point for custody decisions pending court review. Naming alternates and including background information about nominees also helps the court determine whether the proposed guardian is a suitable fit. This step is especially important for parents who want to communicate values, care routines, and special needs.
Beyond naming caregivers, nominations are most effective when paired with financial and healthcare documents that enable the guardian to provide for the child without delay. Tools such as revocable living trusts, pour-over wills, powers of attorney, and advance health care directives work together to protect children and preserve family intentions. Combining nominations with these documents creates a comprehensive plan that supports both the child’s day-to-day needs and longer-term financial stability, helping nominated guardians manage transitions responsibly and predictably.
Guardianship nominations are commonly sought by parents with young children, single parents, blended families, parents with health concerns, and those who travel frequently or work in high-risk professions. They are also important for families with children who have medical conditions or special educational needs, because nominations allow parents to indicate preferred caregivers with knowledge of those requirements. When family dynamics are complicated or primary caregivers live far apart, a written nomination reduces ambiguity and clarifies the parent’s wishes for who should assume custody.
Parents of young children often prioritize naming guardians because infants and young kids require hands-on care and consistency in routines. A nomination helps ensure that an adult who understands feeding schedules, sleep patterns, and healthcare routines is ready to step in if needed. For parents balancing work and childcare, formalizing nominees can prevent last-minute confusion and provide a stable plan for relatives and caregivers. Establishing a nomination early can remove uncertainty and support a smoother transition in the event of incapacity or death.
In blended families, multiple adults may be willing to care for children, but differences in relationships, residence, or parenting philosophy can create disputes when urgent decisions are needed. A clear guardianship nomination helps parents articulate their preferences and identify alternates so courts and relatives understand the intended order of preference. Including financial arrangements and instructions for shared parenting expectations reduces ambiguity and gives nominated guardians a clearer mandate for care. This planning is a constructive way to express priorities and minimize contested processes.
Families with children who have ongoing medical or educational requirements benefit from naming caregivers familiar with specialized routines, medications, therapies, and school accommodations. A nomination that identifies guardians with relevant experience or willingness to learn can help maintain continuity in the child’s care plan. Pairing the nomination with trust provisions for funding and a detailed file of medical records, school information, and therapist contacts ensures the guardian can manage both day-to-day needs and financial responsibilities required for the child’s well-being.
The Law Offices of Robert P. Bergman offers guidance to Buena Park families on how to select and document guardianship nominations within a comprehensive estate plan. Services include reviewing family circumstances, drafting nomination language, coordinating pour-over wills and trusts, and helping to prepare supporting documents such as powers of attorney and advance health care directives. The goal is to create a practical, easy-to-follow plan that reflects your wishes for your children’s care and ensures that a nominated guardian will have access to needed resources to provide for their needs.
Working with a dedicated estate planning practice helps ensure that guardianship nominations integrate properly with wills, trusts, and other important documents. We guide families through selecting nominees, drafting clear language that reflects parental intent, and aligning financial instruments so that children’s needs are met without unnecessary delay. Our process includes personalized consultations to understand family dynamics and to craft documents that minimize potential conflicts while preserving flexibility for future changes in circumstances.
We assist clients in preparing supporting paperwork such as pour-over wills, revocable living trusts, and advance health care directives so that guardianship nominations are supported by a full legal framework. This coordination helps ensure nominated guardians can focus on caregiving while trustees and designated decision-makers manage financial and medical matters as planned. We also help families prepare information packets for nominated guardians that include contact lists, medical histories, school records, and instructions for the child’s routines to make transitions as smooth as possible.
Our approach includes regular reviews and updates to keep nominations and estate documents current as life events occur. We encourage families to revisit their plans after births, marriages, divorces, or relocations so that nominations remain reflective of current preferences. This ongoing attention reduces the risk of outdated documents causing confusion in difficult moments and ensures that guardianship and financial arrangements continue to support the child’s best interests as family circumstances evolve.
Our firm follows a structured planning process that begins with a thorough review of family details and goals, followed by drafting nomination language and related estate documents tailored to your needs. We help identify appropriate nominees, draft pour-over wills and trusts, and prepare powers of attorney and health care directives. We explain how each document functions and suggest updates when life changes occur. The aim is to deliver a coherent plan that eases transitions for children and minimizes administrative burdens on guardians and trustees.
The first step is a consultation to gather facts about your family, children’s needs, assets, and preferred caregivers. During this meeting we discuss options for guardianship nominations, the role of trusts, and how to coordinate financial and medical directives. This conversation helps us recommend a planning structure that fits your family’s situation, whether that means a simple nomination or a full trust-based arrangement. We also outline the documents you will need and set expectations for timing and next steps.
We help clients weigh nominee choices by considering geographic proximity, availability, parenting philosophy, and willingness to take on long-term responsibilities. These practical factors influence not only who will be nominated but also how to structure alternate choices and contingency plans. We also advise on how to communicate your decision with potential guardians so they are prepared and informed. Understanding these interpersonal dynamics early reduces surprises and lays the groundwork for a smoother transition if a guardian appointment is necessary.
During the initial review we compile an inventory of assets, retirement accounts, life insurance policies, and other resources that should support your children. This allows us to recommend trust structures or beneficiary designations that provide timely access to funds for a guardian and protect long-term interests. We discuss whether a revocable living trust, irrevocable arrangements, or a pour-over will is appropriate. The goal is to create a financial plan that gives guardians the means to provide consistent care without imposing unnecessary court delays.
After the planning decisions are made, we draft guardianship nominations, wills, trust documents, powers of attorney, and advance health care directives as needed. Our drafting emphasizes clarity in nomination language and alignment between caregiving preferences and financial arrangements. We prepare documents for client review and provide guidance on signing and witnessing requirements under California law. We also discuss how to store documents and share copies with nominated guardians and relevant family members to facilitate quick access when needed.
When trusts are part of the plan, we prepare revocable living trusts and pour-over wills to ensure assets funnel to the trust and are managed for minor beneficiaries. Trust provisions can specify distribution terms, name successor trustees, and set guidelines for education and healthcare funding. Careful funding steps are explained so clients understand how to title assets properly. This coordination reduces the likelihood that a guardian must wait for probate to access funds and helps preserve the long-term financial stability of the child.
Once documents are finalized, we walk clients through proper execution, witnessing, and notarization so that nominations and related instruments are legally effective. We recommend safe storage and provide guidance on distributing copies to nominated guardians, trustees, and family members. Preparing an information packet for the nominated guardian that includes medical history, school records, and emergency contacts helps ensure the guardian can act quickly. This step completes the documentation phase and primes the plan for future updates.
Estate plans should be reviewed periodically to reflect changes in family structure, finances, or the availability of nominated caregivers. We encourage clients to revisit their nominations after births, marriages, divorces, relocations, or major financial events to make sure documents still match current wishes. Updating ensures that trustees, guardians, and other decision-makers remain appropriate choices and that contact and funding arrangements are up to date. A regular review keeps the plan actionable and aligned with evolving family needs.
We recommend annual check-ins or reviews after significant life events to confirm that nominees, trustees, and document terms still reflect your intentions. Life stages and circumstances can change quickly, and confirmed updates prevent outdated nominations from creating confusion. Even when no changes are required, a periodic review reaffirms that documents remain valid and accessible. Family members can be reminded about the plan and where documents are stored, ensuring readiness if an unexpected situation arises.
If changes are needed, we prepare amendments or restatements so that nominations and supporting documents accurately express your current wishes. Amending a trust, updating a pour-over will, or revising nomination language is an important step when relationships or circumstances shift. Our process ensures amendments are executed correctly and distributed to relevant parties so that the updated plan is legally valid and easily implemented when necessary. Clear documentation helps nominated guardians and trustees act in alignment with your current preferences.
A guardianship nomination is a statement of your preference regarding who should care for your minor children if you are unable to do so, while a will is a legal instrument that distributes assets at death. Nominations can be included within a will, trust, or as a separate document. The will often contains nomination language but primarily functions to dispose of property. A nomination guides custody decisions and communicates your wishes to the court and family members. Including nominations in your will ensures the court sees your preference alongside instructions about asset distribution. A will must go through probate before certain assets are administered, which can delay access to funds meant to support minors. By contrast, a trust can immediately provide a mechanism for managing funds on behalf of a child while a guardian handles daily care. Combining nominations with a trust and a pour-over will helps align custody preferences with financial provisions, reducing delays and providing a clearer structure for the child’s care and support in the event of the parents’ incapacity or death.
Yes, it is common and advisable to name a primary guardian and one or more alternates in your nomination so there is a clear order of preference. Naming alternates accounts for changes in availability, health, or willingness of the primary nominee and helps avoid confusion if the first choice cannot serve. Include contact details and any relevant background information about each nominee so the court and family members can make timely inquiries. Providing alternates also lessens the chance that disputes will arise if a single nominee is unable to act. When selecting alternates, consider geography, parenting style compatibility, and the nominee’s ability to provide a stable home environment. Discuss your choices with potential guardians to ensure they understand the responsibilities and are willing to accept them. Confirming willingness and preparedness reduces obstacles when a guardian appointment is needed and helps ensure a smoother transition for the child during a stressful time.
A trust works with guardianship nominations by providing a financial framework to support a child’s needs while a guardian manages daily care. A revocable living trust or other trust type can hold assets for minors and designate a trustee to manage funds according to your instructions. This separation of roles allows a guardian to focus on parenting while a trustee administers money for expenses like education, healthcare, and housing. Trust provisions can specify distribution terms, create safeguards for long-term funds, and name successor trustees if necessary. Integrating a trust and nomination reduces the risk that a guardian will face financial barriers to caring for the child. Trust funding and a pour-over will help ensure assets designated for the child are available without protracted probate. Parents should coordinate beneficiary designations, insurance policies, and retirement accounts with the trust so that the plan works consistently and provides timely access to resources when a guardian assumes responsibility.
Courts in California will consider a parent’s written nomination when appointing a guardian, but the judge ultimately decides based on the child’s best interests. A nomination is influential but not binding if the court finds another arrangement better serves the child’s welfare. That is why including supporting information about nominees, such as their relationship with the child and ability to provide stable care, can be helpful. Providing clear, well-documented nominations increases the likelihood the court will honor your stated preferences. To strengthen the practical effect of a nomination, pair it with financial and caregiving plans that demonstrate readiness and capacity. When a nominated guardian is positioned to provide immediate care and resources are available through trusts or designated accounts, the court is more likely to approve an appointment consistent with the parent’s wishes. Keep documentation updated and accessible to facilitate court review and reduce delays in the appointment process.
Provide your nominated guardian with a packet that includes the guardianship nomination, contact information for family and medical providers, an up-to-date medical history for the child, school records, and details about daily routines and special needs. Also include copies of related estate documents such as the pour-over will, trust summary, trustee contact information, powers of attorney, and advance health care directives. A well-organized file helps the guardian act quickly and ensures they have the information needed to manage both day-to-day care and emergency situations. Ensure the nominated guardian knows where original documents are stored, who the trustee is, and how to access funds if finances are required immediately for the child’s welfare. Clear instructions about insurance, benefits, and how to reach financial advisors or attorneys make the transition smoother. Regularly update this packet so the guardian has current information and can step into the role with confidence when necessary.
Update your guardianship nomination after major life events such as the birth of another child, marriage, divorce, relocation, or changes in nominee availability or health. Regular reviews ensure that the nominated individuals remain appropriate choices and that the nomination continues to reflect your current wishes. An outdated nomination can create confusion and may not match the family circumstances at the time a guardian needs to be appointed, so schedule periodic reviews as part of broader estate plan maintenance. Even if circumstances do not change, an annual or biennial review helps confirm contact information, reiterate nominee willingness, and verify that supporting documents such as trusts and powers of attorney are still aligned with your intentions. Proactive updates reduce the likelihood of surprises and help ensure your plan is ready to be implemented when needed.
A nominated guardian does not automatically gain access to a child’s funds upon appointment; access depends on how assets are titled and whether trusts or other financial arrangements are in place. If a child’s inheritance is held in a properly funded trust with a named trustee, the trustee can manage funds according to the trust terms while the guardian cares for daily needs. If assets must pass through probate, there may be delays before funds become available, which is why coordinating nominations with financial planning is important to ensure timely support for the child. Parents can arrange for life insurance proceeds, payable-on-death accounts, or properly titled trust funds to make resources available more quickly for a guardian to use. Discussing these funding mechanisms in advance and naming trustees or guardians in beneficiary designations helps reduce administrative friction and ensures nominated caregivers can provide for the child’s immediate and ongoing needs without undue delay.
Witnessing and notarization requirements vary by document type, so it is important to execute nominations and related instruments in accordance with California law. Wills typically require signatures witnessed by qualified witnesses to be effective, and certain affidavits or declarations might need notarization. While a separate nomination form may be valid when properly executed, integrating nomination language into a will or trust drafted and executed correctly ensures the document will be accepted and considered by the court when needed. To avoid procedural problems, consult on proper execution formalities and keep original signed documents in accessible, secure storage. Provide copies to nominated guardians and trustees, and make sure witnesses or notarial acknowledgments are completed when required. Correct execution reduces the risk of disputes over a document’s validity and helps ensure your nomination will be reviewed and honored by the court.
Choosing a guardian involves assessing practical caregiving capacity, values compatibility, geographic location, and the individual’s willingness to accept responsibility. Look for people who have a stable home environment, a history of positive involvement with your children, and the ability to manage daily routines, school schedules, and medical needs. Consider the family dynamics that will affect a child’s sense of continuity and emotional well-being. Open conversations with potential guardians help clarify expectations and ensure they are prepared to take on the role if necessary. Also think about how a nominee would work with other family members and with a trustee if financial management is separate from caregiving. Identify alternates who provide backup flexibility, and discuss contingency plans for relocation or changes in availability. Selecting a guardian is a personal decision; documenting your reasoning and communicating it to nominees and family members can help the court and loved ones understand your priorities for the child’s future care.
If your nominated guardian moves out of state, the court will consider the nomination but will focus on the child’s best interests, including stability and continuity of care. Relocation can raise logistical concerns about schooling, medical care, and the child’s social support network. Parents may name nominees who live nearby as primary options and include out-of-state nominees as alternates if they wish to preserve certain relationships while prioritizing local stability. Providing clear instructions and outlining visiting or relocation preferences helps the court weigh options when a nominee lives farther away. When an out-of-state guardian is nominated, include details about how schooling and healthcare would be handled and whether relocation is intended. Discuss with potential nominees how they would manage transitions and whether they are willing to relocate the child or support the child’s residence in the original community. Clear documentation and contingency planning reduce uncertainty and help the court make informed decisions that maintain the child’s best interests.
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