If you are planning for a loved one with disabilities in Mesa Verde, a special needs trust can preserve access to public benefits while enhancing quality of life. The Law Offices of Robert P. Bergman provides practical estate planning services focused on creating and managing special needs trusts and related documents. Serving Mesa Verde in Riverside County, California, our office helps families consider options such as third-party and first-party trusts, pour-over wills, and powers of attorney. Call 408-528-2827 to arrange an initial conversation about needs, goals, and the documents that often accompany a complete estate plan for a vulnerable beneficiary.
This guide explains how special needs trusts work, when they are most appropriate, and what to expect when you set one up. It covers definitions, key roles like trustee and beneficiary, funding strategies, and how a trust interacts with Medi-Cal, Supplemental Security Income, and other benefits. You will also find comparisons between limited and comprehensive planning approaches, practical tips for maintaining eligibility, and common situations that prompt families to create a trust. The aim is to equip families in Mesa Verde with clear, practical information to make informed decisions about long-term financial and care arrangements.
A properly drafted special needs trust protects public benefit eligibility while providing discretionary funds for extra comforts and services that public programs do not cover. Families benefit from tailored distribution rules that address housing, education, therapy, equipment, and recreation without risking Supplemental Security Income or Medi-Cal. Trust terms can also assign a responsible adult to manage funds, set caregiver instructions, and plan for long-term care costs. Beyond financial protection, a trust can provide stability, reduce family friction over money, and set clear expectations for how support will be delivered throughout the beneficiary’s life in Mesa Verde and broader Riverside County.
The Law Offices of Robert P. Bergman is a California estate planning practice serving families in Mesa Verde and throughout Riverside County. Based on principles of careful planning and clear communication, the firm assists with trusts, wills, powers of attorney, and other documents such as revocable living trusts, Heggstad petitions, and trust modification petitions. Our approach emphasizes listening to family goals, coordinating with care providers, and preparing tailored documents that address both immediate benefit eligibility and long-term needs. Families can expect practical guidance on funding trusts and coordinating estate documents to reflect changing circumstances.
A special needs trust is a legal vehicle designed to hold assets for the benefit of a person with disabilities while preserving eligibility for means-tested public benefits. The trust holds funds that a trustee manages and spends for the beneficiary’s supplemental needs according to a written plan. Distributions are meant to pay for items or services that do not count as income to the beneficiary for benefits purposes. A well-structured trust will clearly describe permissible uses, establish successor trustees, and include provisions for tax reporting and estate coordination so the beneficiary receives ongoing support without jeopardizing public benefits.
There are different types of special needs trusts, each with rules that affect benefits and creditor claims. Third-party trusts are funded by family members and do not affect the beneficiary’s eligibility. First-party trusts are funded with assets that belong to the beneficiary and often include payback provisions to reimburse public programs after the beneficiary’s passing. Understanding the differences is important for proper planning, including whether a trust requires a court filing and how it interacts with Medi-Cal recovery rules in California. A reliable plan balances current needs with longer term financial protections.
A special needs trust is a written legal instrument that holds assets for a person with disabilities with specific distribution instructions designed to supplement, not replace, public benefits. The trustee has a fiduciary duty to use trust funds for the beneficiary’s supplemental needs, such as therapeutic services, transportation, personal care items, and enrichment activities. The trust language typically prohibits direct cash distributions that would count as income, and it may include directives for housing, education, and medical equipment. Clear definitions in the trust help prevent unintended benefit loss and provide families with confidence that resources will be used as intended.
Key elements of a special needs trust include the identification of the beneficiary, the trustee’s powers and limitations, allowable distributions, successor trustee provisions, payback clauses if applicable, and instructions for trust termination. Administrative processes involve establishing account records, coordinating with benefit administrators to document that trust assets are not counted as income, and keeping receipts for discretionary spending. Trustees should review trust provisions regularly and maintain communication with family members and care providers. Periodic reviews help ensure that the trust remains aligned with changes in benefits rules, the beneficiary’s needs, and family circumstances.
This glossary clarifies common terms used in special needs planning, including trustee, beneficiary, payback provision, first-party trust, third-party trust, supplemental needs, Medi-Cal recovery, and pour-over will. Understanding these terms helps families discuss planning decisions more effectively and ensures documents reflect intended protections. When drafting trust language, it is important to define how distributions will be made, who may serve as trustee or successor, and how the trust interacts with other estate planning instruments. Accurate terminology reduces ambiguity and supports consistent administration over time.
A third-party special needs trust is created and funded by someone other than the beneficiary, commonly a parent or relative. Assets placed in this trust are not considered owned by the beneficiary and therefore generally do not affect eligibility for means-tested benefits like Supplemental Security Income or Medi-Cal. The trust document specifies how funds may be used to supplement the beneficiary’s needs, and it typically avoids payback provisions to public agencies. Third-party trusts are a common vehicle for families who wish to leave an inheritance or gift to a person with disabilities without interfering with benefit eligibility.
A first-party special needs trust is funded with assets that belong to the person with disabilities, for example from a settlement, inheritance, or savings. These trusts often include a payback provision that requires remaining funds to reimburse public programs for benefits provided during the beneficiary’s lifetime. California law recognizes specific rules for first-party trusts, and they are frequently used when a beneficiary would otherwise lose eligibility due to increased resources. Proper drafting and timing are essential to ensure such a trust preserves eligibility and complies with state recovery rules.
A supplemental needs trust is another term commonly used to describe a trust that provides for a person’s needs beyond what public benefits cover. The trust is meant to add comfort, enrichment, or convenience—items like education, therapy, assistive technology, transportation, and recreational activities. Importantly, distributions should be structured so they do not count as income for public benefits eligibility. The goal of a supplemental needs trust is to enhance quality of life while preserving access to essential government programs that provide basic supports.
The trustee administers the trust and makes distribution decisions consistent with the trust document and the beneficiary’s needs. The payee is the person or entity that receives funds, sometimes for the beneficiary’s benefit, while the beneficiary is the person who receives the advantages of the trust. Choosing a trustee involves assessing reliability, financial management skills, and availability, and many families name successor trustees to ensure continuity. Clear role definitions and written instructions reduce family conflict and promote consistent, benefits-friendly administration over time.
A limited planning approach may focus narrowly on creating a single trust document with basic distribution instructions, which can be appropriate for straightforward situations. In contrast, comprehensive planning integrates the trust with a broader estate plan that may include revocable living trusts, pour-over wills, powers of attorney, health care directives, and funding strategies. Comprehensive plans also consider successor trustees, Medicaid recovery implications, and contingency planning for long-term care. Families should weigh simplicity against the potential need for future modifications and the advantages of a coordinated plan that addresses all likely scenarios.
A limited approach may be sufficient when available assets are modest, the intended funding sources are clear, and there are no significant concerns about long-term care costs or complex asset types. In such cases, a focused trust with straightforward distribution rules can protect benefit eligibility and require less ongoing administration. This path can be appropriate for families seeking immediate protection after an inheritance or for those who prefer simple documents that address only the beneficiary’s current circumstances while allowing for revisions if needs change in the future.
If family members plan to provide most ongoing day-to-day support and there is confidence in that long-term arrangement, a limited trust to handle supplemental purchases may be adequate. The trust can cover occasional needs or one-time expenses such as assistive equipment or therapeutic services while family caregivers retain primary responsibilities. Even in this scenario, it is important to document how trust funds should be used and to name successor trustees so the arrangement can continue smoothly if the primary caregivers are no longer available.
Comprehensive planning becomes important when families want to protect public benefits while also ensuring access to a broad range of supplemental supports over the beneficiary’s lifetime. A coordinated plan considers trust funding, estate transfer strategies, Medi-Cal recovery implications, and how to coordinate powers of attorney and health care directives. This approach reduces the risk of unintended benefit loss, helps cover long-term care and housing needs, and creates a structured system of decision makers who can act consistently with the beneficiary’s best interests as circumstances evolve.
When assets include real property, retirement accounts, or complex financial investments, or when families anticipate significant life changes such as relocation or increased care needs, comprehensive planning helps address those variables. It supports strategies for funding the trust, coordinating beneficiary designations, and modifying documents over time. Planning ahead reduces the likelihood of costly court proceedings, clarifies roles for trustees and caregivers, and ensures the trust remains effective as benefits rules and family circumstances change.
A comprehensive approach aligns trust documents with the broader estate plan, which helps prevent gaps that could put benefits at risk. Integrating a special needs trust with a revocable living trust, pour-over will, powers of attorney, and healthcare directives creates an organized legal framework. This reduces the need for later court involvement, clarifies how assets should be transferred into the trust, and ensures that successor trustees and caregivers are prepared. Families gain peace of mind knowing their legal documents work together to support long-term care and financial stability for the beneficiary.
Comprehensive planning also allows for careful funding strategies that preserve benefit eligibility while providing discretionary support. Thoughtful drafting anticipates potential changes in benefits rules and family circumstances, and it makes it easier to update documents when necessary. By addressing tax considerations, creditor protection, and Medi-Cal recovery implications up front, a coordinated plan minimizes surprises and helps ensure resources are used as intended to enhance the beneficiary’s life over time.
A comprehensive plan promotes stronger financial security by ensuring that funds intended for the beneficiary are preserved and administered according to a cohesive strategy. Proper documentation and funding reduce the chance that assets will inadvertently disqualify the beneficiary from essential public benefits. The plan can provide for periodic reviews, backup trustees, and mechanisms to adjust spending as needs change. This structured approach supports continuity of care, greater predictability in household income, and a clearer path for family members tasked with managing the beneficiary’s finances.
Because public benefits eligibility often depends on strict resource and income limits, a comprehensive plan carefully limits trust distributions and coordination with payers to avoid unintended impacts. Trust language and administrative practices can be tailored to make discretionary distributions that supplement rather than replace basic supports. By anticipating benefits rules and building in reporting and accounting practices, families reduce the risk of disqualification and the administrative burden of reconciling trust activity with benefit requirements over time.
Start by documenting the beneficiary’s current and anticipated needs, including medical, therapeutic, educational, and day-to-day living supports. A thorough needs assessment identifies likely expenses, benefits the beneficiary relies upon, and potential funding gaps that a trust should address. Include input from caregivers, medical providers, and educators as appropriate. This baseline assessment helps shape distribution rules, informs trustee selection, and clarifies whether a first-party or third-party trust is more appropriate. Periodic reassessments keep the trust aligned with changing circumstances and services.
Trusts should not be ‘set and forget’ documents; life changes, legislation, and benefits rules evolve. Review trust documents and funding designations periodically, especially after major events such as inheritance, settlement proceeds, changes in health, or relocation. Ensure bank accounts, property titles, and beneficiary designations are consistent with the plan. Consider naming successor trustees and alternative funding mechanisms to reduce the need for court involvement. Regular maintenance preserves the trust’s intended protections and enhances continuity of care.
Families create special needs trusts to preserve critical public benefits while providing additional resources for a loved one’s wellbeing. Trusts allow funds to be spent on supplemental items that improve quality of life without counting as income for eligibility purposes. They also establish a structure for decision making and reduce uncertainty about who will manage funds if primary caregivers are no longer able. For many families, having a written plan reduces stress and provides a practical roadmap for meeting long-term needs in a consistent, benefits-friendly manner.
Other reasons to consider a trust include protecting assets from creditor claims, planning for long-term care costs, and ensuring that inheritances or gifts do not inadvertently disqualify the beneficiary from support. Trusts can also address special arrangements such as guardianship nominations, HIPAA authorizations, and coordination with retirement plan trusts. When properly drafted and funded, a special needs trust helps families preserve resources and maintain access to both public and private supports over the beneficiary’s lifetime.
Common circumstances include receiving an inheritance or lawsuit settlement on behalf of a person with disabilities, expecting a significant gift from family, or a parent wanting to ensure ongoing support after they can no longer provide care. Other triggers are changes in health that require long-term services, planning for adult beneficiaries who need ongoing management of funds, and consolidating assets into a plan that prevents loss of benefits. Recognizing these situations early allows for timely trust creation and funding so benefits are preserved without interruption.
When a beneficiary receives an inheritance or settlement, placing those funds in a properly drafted trust can prevent disqualification from needs-based programs. A first-party trust may be required for funds that legally belong to the beneficiary, and it should be drafted to comply with California rules addressing payback and Medi-Cal recovery. For third-party gifts, directing assets to a trust established by family members can accomplish the same protective effect. Prompt action ensures the new funds do not create eligibility issues that could interrupt essential supports.
Families concerned about paying for long-term care, specialized therapies, or adaptive equipment often use trusts to plan how those costs will be covered while preserving benefits. Trusts provide a mechanism for paying for care that supplements public programs, including services and items not covered by Medi-Cal or SSI. By outlining permissible distributions and naming responsible trustees, a trust ensures funds are used to enhance care and comfort without jeopardizing the steady support that public benefits provide.
When a beneficiary is a minor or an adult who cannot manage finances independently, a trust provides a legal structure for someone to manage funds in the beneficiary’s best interest. Trusts can establish staggered distributions, specify allowable uses, and name successor trustees to ensure continuity of care. This type of planning also pairs well with guardianship nominations and HIPAA authorizations, so medical decision makers and financial managers are coordinated and prepared to act if needed.
The Law Offices of Robert P. Bergman provides services to families in Mesa Verde and across Riverside County to prepare and maintain special needs trusts and related estate planning documents. We assist with drafting trust language, coordinating funding, preparing pour-over wills and powers of attorney, and advising on Medi-Cal and SSI interactions. Call 408-528-2827 to discuss your family’s needs. Our goal is to offer clear options and a practical path forward so that a loved one’s benefits and quality of life remain protected.
Families choose our firm because we focus on careful planning and clear communication when designing special needs trusts. We provide personalized attention to understand the beneficiary’s needs, family dynamics, and financial situation. Our services include drafting trusts, coordinating associated documents such as revocable living trusts, pour-over wills, financial powers of attorney, advance health care directives, and HIPAA authorizations, and advising on the best methods to fund a trust. Our approach emphasizes practical solutions that protect benefits and support long-term wellbeing.
We work with families to coordinate trust language with Medi-Cal and SSI rules and to prepare related filings such as Heggstad petitions or trust modification petitions when necessary. Our planning includes naming trustee succession, arranging for guardianship nominations if appropriate, and outlining clear distribution standards tailored to each family’s goals. Whether a trust is being funded with modest savings, real property, retirement accounts, or larger settlements, we help design a plan that aims to maintain safety nets while providing supplemental support for the beneficiary.
Our intake process is practical and family centered. We begin by reviewing existing documents and assets, discuss funding options, and prepare a clear set of steps for drafting and implementing the trust. We also provide guidance on recordkeeping and trustee duties to reduce administrative friction. For families in Mesa Verde, Riverside County, and beyond, having coordinated documents such as a certification of trust or general assignment of assets to trust can ease everyday administration and ensure that wishes are honored when they matter most.
Our process begins with a detailed intake to collect information about the beneficiary’s needs, existing benefits, and available assets. We then recommend an appropriate trust type and draft tailored documents. After client review and execution, we assist with funding the trust and coordinating with agencies when needed. The goal is to create an administrable plan that preserves benefits and provides discretionary support. Ongoing reviews are encouraged to adapt the plan to life changes, shifts in benefits rules, or asset transfers that affect trust funding.
During the initial consultation we gather details about the beneficiary’s medical, educational, and daily living needs, as well as current benefits enrollment and asset ownership. We review existing estate documents, beneficiary designations, and any pending legal matters that could affect planning. This fact-finding enables us to recommend whether a first-party or third-party trust is appropriate and to identify funding sources. The initial step sets expectations for timeline, costs, and necessary follow-up actions to place assets into the trust properly.
We evaluate how current benefits like SSI and Medi-Cal support the beneficiary and identify areas where supplemental funds would improve quality of life. This assessment includes reviewing income limits, resource thresholds, and how trust distributions should be structured to avoid counting as income. Understanding daily support needs—transportation, therapies, equipment, housing—helps shape allowable trust expenditures and trustee instructions. A careful benefits review reduces the risk of unintended disqualification and informs the timing and structure of trust funding.
We compile an inventory of assets that could fund the trust, including bank accounts, real property, retirement accounts, and potential settlements. We also review existing wills, trusts, powers of attorney, and beneficiary designations to identify conflicts or gaps. This inventory guides decisions on whether to retitle assets, use assignments to the trust, or prepare pour-over wills to funnel assets into the trust at the right time. Clear documentation at this stage simplifies funding and administration later on.
Once the planning decisions are made, we draft the trust instrument with precise distribution rules, trustee powers, and any required payback provisions. We prepare complementary estate documents such as revocable living trusts, pour-over wills, financial powers of attorney, advance health care directives, and HIPAA authorizations. For cases requiring court involvement, we assist with petitions like Heggstad or trust modification petitions. Drafting focuses on minimizing ambiguity and ensuring the trust integrates smoothly with the rest of the estate plan.
Trust drafting includes establishing specific distribution standards that permit discretionary payments for supplemental needs while preventing direct income that could threaten benefits. Trustee authority is defined to allow for appropriate purchases, contracting with providers, and maintaining records. Provisions for successor trustees, bond waivers, and periodic accounting create a practical administrative framework. Clear language about permissible expenditures, emergency distributions, and longevity planning helps trustees act confidently and consistently with the grantor’s intent.
Complementary documents such as pour-over wills, certification of trust, and general assignment forms ensure assets move into the trust as intended. We prepare funding instructions for retitling property, assigning bank accounts, and coordinating beneficiary designations on retirement accounts to avoid unintended tax consequences. These preparations help minimize court involvement and reduce administrative complexity. Clear instructions allow family members or trustees to accomplish asset transfers smoothly and keep the trust fully funded for the beneficiary’s needs.
After the trust is signed, funding is essential to make the plan effective. Funding may include retitling bank accounts, transferring real property, and assigning assets to the trust. For first-party trusts funded with the beneficiary’s assets, additional filings or reconciliations may be required to comply with state rules. Ongoing administration involves recordkeeping, coordinating distributions with benefit rules, and periodic reviews. Trustees should document purchases, maintain receipts, and communicate with family members and benefit administrators as needed.
Transferring assets into the trust can involve executing deeds for real property, changing account titles at financial institutions, or completing general assignment forms. Retirement accounts require careful treatment to avoid tax issues, and beneficiary designations may be used in coordination with trust provisions. For assets subject to probate, a pour-over will can direct assets into the trust at the appropriate time. Proper funding ensures that trust assets are available when needed and that distributions conform to the trust’s protective structure.
Ongoing trust administration requires recordkeeping, tax filing as needed, and periodic reviews to confirm distributions remain aligned with benefits rules and changing needs. Trustees should perform annual check-ins, maintain communication with family caregivers, and adjust distributions when services or needs change. Regular reviews also consider potential trust modifications or Heggstad petitions when assets change or when legal updates affect beneficiary protections. Sustained attention preserves the trust’s intended benefits and helps avoid disputes or lapses in support.
A special needs trust is a legal arrangement that holds assets for the benefit of a person with disabilities while maintaining their eligibility for means-tested public benefits. The trust is drafted so funds are used for supplemental needs—such as therapies, transportation, education, and equipment—that public programs typically do not cover. Distributions are made by a trustee according to the trust terms, which are carefully written to avoid counting as income for benefit purposes. When designed properly, a trust prevents a direct gift or inheritance from disqualifying the beneficiary from essential programs like SSI and Medi-Cal. The trust can be funded by family members or by the beneficiary’s own assets depending on the situation. Clear documentation and prudent administration are essential to preserve eligibility and ensure that funds enhance the beneficiary’s quality of life.
A trustee is the person or entity responsible for managing trust assets and making discretionary distributions in accordance with the trust document. Important qualities in a trustee include reliability, financial integrity, and an ability to work with family members and service providers. Many families choose a trusted relative, a close family friend, a professional fiduciary, or a bank trust department, and often name successor trustees to ensure continuity. Trustee responsibilities include maintaining accurate records, coordinating with benefit administrators when necessary, making distributions that do not jeopardize public benefits, and communicating with family caregivers. Trustees should keep receipts, prepare periodic accounting, and follow the trust’s distribution standards so that funds are used for supplemental needs and the beneficiary’s long-term wellbeing.
First-party and third-party trusts differ primarily in who funds them and in certain legal consequences. A first-party trust is funded with assets that belong to the beneficiary, such as a settlement or inheritance, and typically includes a payback provision requiring remaining funds to reimburse public programs after the beneficiary’s death. A third-party trust is funded by someone other than the beneficiary and usually does not require payback to public agencies. California law has specific rules for first-party trusts and Medi-Cal recovery, so careful drafting is required to comply with state regulations. Third-party trusts are commonly used by families who want to leave an inheritance that will not affect the beneficiary’s eligibility for benefits. Choosing between these options depends on the source of funds and long-term planning goals.
Whether a special needs trust can pay for housing or rent depends on the beneficiary’s benefit programs and the trust language. Some benefits treat certain housing-related payments as countable income, while discretionary payments from a third-party trust may be structured to avoid counting as income for SSI. Trust language should specify allowable housing-related expenses and describe how housing payments will be administered to avoid unintentional impacts on benefits. Trustees should coordinate with benefit administrators and consider alternatives such as paying providers directly or using trust funds for supportive services rather than direct cash distributions. Clear documentation and consultation help ensure that housing assistance from the trust supplements rather than replaces public benefits, preserving the beneficiary’s eligibility.
Funding a special needs trust involves transferring assets into the trust’s name and ensuring that accounts and titles reflect the trust’s ownership where appropriate. Common steps include retitling bank accounts, executing deeds to transfer real property, assigning personal property, and preparing assignments for financial accounts. For retirement accounts, beneficiary designations require careful handling to avoid tax consequences and to coordinate with the trust plan. A pour-over will can direct probate assets into the trust if some property cannot be retitled beforehand. For first-party trusts, certain filings or notices may be necessary to satisfy legal requirements. Working through the funding process systematically helps ensure the trust becomes effective and available to meet the beneficiary’s supplemental needs.
Medi-Cal recovery rules can affect first-party special needs trusts because state law may allow the program to seek reimbursement from remaining trust assets after the beneficiary’s death. To address this, first-party trusts are often drafted with specific language to comply with state and federal requirements while preserving eligibility during the beneficiary’s lifetime. Understanding how Medi-Cal recovery applies in California is a key part of planning when the trust is funded with the beneficiary’s assets. Trustees and family members should be aware of payback provisions and discuss how remaining assets will be handled. In some cases, families use third-party trusts or other estate planning techniques to leave legacy assets for other relatives without exposing the beneficiary’s benefits to recovery claims, depending on the circumstances and goals.
A properly drafted special needs trust generally does not affect eligibility for Supplemental Security Income if distributions are structured as discretionary payments for supplemental needs. The trust must be set up to avoid passing funds directly as income to the beneficiary; instead, the trustee should make payments to service providers or purchase goods and services on the beneficiary’s behalf. Clear trust language and careful trustee practices are essential to maintain SSI eligibility. Trustees should keep detailed records of expenditures and coordinate with Social Security officials when necessary. Because SSI and Medi-Cal rules can be nuanced, ongoing attention to distribution methods and documentation helps prevent inadvertent disqualification and supports consistent access to public benefits.
Families should review a special needs trust and related estate documents whenever there are significant life events, such as changes in the beneficiary’s health, new inheritances, changes in caregiving arrangements, or relocation between states. Periodic reviews are also important after changes in benefits rules or major financial law updates. Regular reviews help ensure that trust provisions, trustee selections, and funding methods remain effective and aligned with the family’s goals. Even absent major events, an annual review is a prudent practice. These reviews provide an opportunity to confirm that assets are properly titled, beneficiaries and successor trustees are current, and distribution standards reflect the beneficiary’s evolving needs and preferences.
Yes. Families commonly use third-party special needs trusts to leave inheritances or gifts for a beneficiary without disqualifying them from public benefits. When third-party funds are placed into a trust established by someone other than the beneficiary, those funds are typically not counted as the beneficiary’s resources for means-tested programs. Drafting the trust with careful distribution standards and naming responsible trustees ensures that gifts serve to enhance the beneficiary’s life without undermining eligibility. It is important to coordinate beneficiary designations on retirement accounts and insurance policies with the overall estate plan. In some cases, other planning tools such as revocable living trusts or pour-over wills are used to funnel assets into a third-party special needs trust upon the donor’s death, preserving benefits while providing supplemental support.
Coordinating a special needs trust with guardianship nominations and HIPAA authorizations ensures that the same trusted people can manage finances, make healthcare decisions, and access medical information when necessary. Guardianship nominations clarify who should make personal and medical decisions if formal guardianship becomes necessary, while HIPAA authorizations permit caregivers and trustees to obtain important medical records. Aligning these documents reduces delays and confusion when timely decisions are needed. Including clear instructions in each document about roles and contact information helps streamline communication among trustees, guardians, and providers. Families should periodically confirm that nominated guardians and authorized medical contacts remain willing and available to serve, and update documents if responsibilities change.
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