A Financial Power of Attorney is a legal document allowing a trusted agent to manage your financial affairs if you become unable to act. For residents of Shandon and San Luis Obispo County, establishing a durable financial power of attorney ensures that bills are paid, taxes are filed, and property decisions can continue without interruption. This planning tool works alongside wills and trusts to create a cohesive estate plan tailored to your needs. Choosing a clear agent and specifying the scope of authority helps avoid disputes, protects assets, and preserves family stability during an illness or disability. Preparing this document ahead of time gives you control over future financial decision-making.
At the Law Offices of Robert P. Bergman, clients receive focused guidance on drafting a financial power of attorney that reflects California law and individual priorities. Whether you need a broad durable power covering investments, real estate, and bill paying, or a limited authority for a specific transaction, proper drafting is important to prevent ambiguity. We explain options such as successor agents, activation triggers, and how a power of attorney interacts with trust arrangements like pour-over wills or certification of trust. Timely planning can reduce family stress and provide a smooth transition of financial responsibilities when it matters most.
A well-drafted financial power of attorney protects your financial continuity and reduces the chance of court intervention if you become incapacitated. It authorizes a chosen agent to manage bank accounts, investments, property transactions, and tax filings in accordance with your instructions. Without one, loved ones may face delays and expense to pursue conservatorship through the probate court. Proper planning with a durable form that survives incapacity can also be coordinated with living trusts, retirement plan trusts, and healthcare directives so that financial and personal matters are addressed in harmony. This legal tool preserves autonomy by allowing you to select who acts for you and under what circumstances.
The Law Offices of Robert P. Bergman serves California clients from San Jose and beyond with practical estate planning solutions. Our firm focuses on clear communication, responsive service, and documents that reflect each client’s goals, whether for revocable living trusts, irrevocable life insurance trusts, or powers of attorney. We guide clients through decisions such as successor agents, scope limitations, and coordination with trust documents like pour-over wills and certifications of trust. Clients appreciate a straightforward process that emphasizes planning for incapacity, protecting assets, and ensuring ease of administration for family members during difficult times.
A financial power of attorney grants authority to another person to act on your behalf for financial matters. In California, the document can be durable so it remains effective if you become incapacitated, or it can be limited to a specific transaction or timeframe. Common powers include managing bank accounts, selling or buying real estate, handling investments, filing tax returns, and accessing retirement accounts if allowed. The document can name successor agents, set activation conditions, and include guidance on how decisions should be made. Properly drafted language avoids ambiguity and helps ensure the agent acts according to your wishes and state law.
When creating a financial power of attorney, consider carefully whom you name as agent and whether you want to limit their powers or require co-agents to act together. The scope can be broad to cover all financial affairs or narrow to specific accounts and transactions. It is also important to specify whether the authority begins immediately or only upon a medical determination of incapacity. Coordination with other estate planning documents, such as a revocable living trust or advance health care directive, helps create a consistent plan for decision-making. Regular review ensures the document reflects life changes like marriage, divorce, or new assets.
A financial power of attorney is a written authorization that permits an appointed agent to conduct financial affairs on your behalf. It can appoint primary and successor agents, define permissible actions, and include conditions for activation. California law allows for durable forms that remain effective during incapacity and for revocation by the principal while they retain capacity. The agent must act within the authority granted and in the principal’s best interest, keeping accurate records to account for decisions. Including clear instructions and limitations helps third parties such as banks or brokerage firms accept the document and work with the appointed agent.
Essential elements of a valid financial power of attorney include the principal’s clear designation of an agent, a description of the agent’s powers, effective dates, and signatures with required notarization or witness statements per California requirements. The process typically begins with a consultation to identify goals and assets, followed by drafting tailored language that integrates with other estate planning instruments. After signing, the principal should distribute copies to relevant institutions and the named agent. Periodic review ensures the document remains appropriate as assets change or personal circumstances evolve. Proper execution and distribution minimize the risk of delays when the authority must be used.
Understanding common terms used in powers of attorney helps you make informed decisions. Terms such as durable power of attorney, agent, principal, successor agent, limited power, activation condition, and revocation are central to the document’s function. Knowing these definitions clarifies how authority is granted and how it may be limited or ended. A glossary provides straightforward explanations so you can choose appropriate language and avoid unintended gaps in authority. Clear terminology also assists banks, title companies, and other third parties when they are asked to recognize an agent’s authority under the document.
A durable power of attorney remains effective even if the principal becomes mentally or physically incapacitated. The durability provision must be included in the document to ensure continued authority during incapacity. This feature is useful for continuity of financial management, enabling an agent to pay bills, manage investments, and take other actions without requiring court-appointed guardianship. The durability clause gives peace of mind, but it also underscores the importance of careful selection of an agent and clear limits to prevent misuse. Regular review and revocation provisions allow the principal to update choices while still competent.
A successor agent is an individual named to act if the primary agent is unable or unwilling to serve. Including one or more successor agents ensures that someone is authorized to act for the principal without interruption. Successor agents can be given the same powers as the primary agent or different, more limited powers, depending on the document’s language. Naming successors reduces the risk that no one will be available to manage affairs and helps maintain continuity for important financial transactions. Clear instructions about succession help avoid disputes among family members when authority is needed.
A limited power of attorney grants authority for specific purposes, like closing a real estate transaction or handling a single tax matter, and typically expires once the task is complete. This narrower form is useful when you want to allow someone to act on a single issue without granting broad authority over all finances. Limited powers can include precise start and end dates and detailed descriptions of the permitted actions. They are often used in conjunction with broader planning documents to address temporary needs while preserving overall control of financial matters for the principal.
Revocation refers to the principal’s ability to cancel a power of attorney while still competent, and termination occurs automatically upon the principal’s death or as specified in the document. To be effective, revocation should be communicated in writing to the agent and relevant institutions, and a copy of the revocation should be kept with the original documents. Understanding revocation and termination provisions helps principals control who can act on their behalf and under what circumstances. Proper documentation of changes prevents confusion and ensures that agents and third parties recognize the current authority.
A financial power of attorney complements documents like revocable living trusts and wills but serves a distinct role: it authorizes another person to manage your finances during life. A revocable living trust can avoid probate and manage assets after incapacity or death, while a power of attorney specifically addresses authority during incapacity and may be used to fund a trust or transfer assets into it. Unlike a guardianship proceeding, a properly executed power of attorney avoids court involvement. Choosing the right combination of documents depends on asset types, family circumstances, and goals for privacy and ease of administration.
A limited financial power of attorney is often sufficient for short-term or single-purpose needs, such as allowing someone to close on a real estate sale, access a particular bank account, or handle a tax filing while you are out of the area. This approach lets you grant precise authority without exposing broader financial affairs. It is particularly helpful when the principal intends to retain full control over other assets and does not want an ongoing agent. Clear start and end dates and descriptive language reduce the chance of overreach and make acceptance by third parties more straightforward.
Choosing a limited power of attorney can simplify oversight by restricting the agent to a single task or asset, which may make financial institutions more willing to work with the authorized person. Narrow authority reduces risk by limiting potential actions, and it is a sensible choice when family dynamics or asset complexity discourage broader delegation. Even for limited documents, clarity about the scope and any required documentation helps prevent delays. Including instructions about how the agent should proceed can protect your interests while accomplishing a necessary transaction efficiently.
A comprehensive financial power of attorney is often needed for individuals with diverse assets, including investment portfolios, real estate, business interests, and retirement accounts. Broad authority ensures the appointed agent can make timely decisions that affect multiple asset types without needing separate authorizations. This continuity is important when managing cash flow, responding to market changes, or handling tax obligations. Proper drafting will include limits or reporting requirements to maintain accountability while allowing the agent to act efficiently on the principal’s behalf during periods of incapacity or absence.
Comprehensive powers facilitate coordination with revocable living trusts, pour-over wills, and other long-term planning documents, enabling seamless administration if the principal cannot act. When a power of attorney is designed to work in tandem with trust documents, the agent can transfer assets into a trust, manage trust funding, and liaise with trustees and beneficiaries as needed. This coordination reduces administrative burdens for families and ensures decisions align with the overall estate plan. Clear language about interactions with trusts and successor arrangements supports smooth management of affairs.
A comprehensive financial power of attorney helps preserve continuity and prevents delays by empowering a trusted person to handle a wide range of financial matters. This approach reduces the risk of costly court proceedings for conservatorship, which can drain assets and create family discord. With thoughtful limits and reporting requirements, a broad power can be both protective and accountable, allowing timely management of investments, property, and tax matters. It also enables coordination with healthcare directives and trust documents so personal and financial decisions follow a consistent plan when you cannot act for yourself.
Comprehensive powers can include successor agents, detailed instructions, and activation provisions to match your preferences for oversight and control. Naming back-up agents and setting clear reporting expectations protects against misuse and provides transparency for family members and financial institutions. The ability to authorize transactions that maintain income, preserve property, and address emergencies can be invaluable during extended incapacity. Regular review and updates keep the document aligned with life events such as new property acquisitions, changes in relationships, or retirement, ensuring the plan remains effective and relevant.
Continuity ensures bills are paid, investments are monitored, and tax obligations are handled without interruption, which protects credit and preserves assets. When an agent can act across financial areas, decisions can be made in a coordinated way that avoids piecemeal responses. This reduces stress on family members and minimizes the risk of missed deadlines or deteriorating financial positions. Well-drafted powers balance authority with accountability through documentation and optional reporting requirements so that the principal’s financial affairs are maintained responsibly during periods when they cannot act personally.
A comprehensive plan often prevents the need for a court-appointed conservatorship, a process that can be expensive and time-consuming and may expose private financial details. With a valid financial power of attorney in place, trusted individuals can step in immediately to manage affairs, reducing administrative delays and legal costs. This arrangement preserves privacy and dignity while allowing family members to focus on personal care needs. Ensuring the document is properly executed and accepted by banks and other institutions is an important step to avoiding later disputes and delays when authority must be exercised.
Selecting the right agent and successor agents is one of the most important decisions when preparing a financial power of attorney. Consider trustworthiness, proximity, ability to manage financial matters, and willingness to accept responsibility. Discuss your wishes in advance to ensure the person understands your priorities and record-keeping expectations. Naming alternates provides continuity if your first choice cannot serve. It is also helpful to designate whether agents may act jointly or independently, and whether they must provide regular accountings. Clear communication and documentation reduce family conflict and make the transition smoother during times of incapacity.
After signing a financial power of attorney, provide copies to the named agent, successor agents, and key financial institutions. Keep the original in a secure but accessible location and ensure the agent knows where to find it. Notify banks, investment firms, and title companies in advance so they are familiar with the document’s format and the agent’s authority. When practical, provide institutions with signed copies to reduce delays when the agent needs to act. Regularly review and refresh notifications when assets or institutions change to ensure efficient administration when authority is needed.
Planning for incapacity is a practical safeguard that protects your financial affairs and relieves family members from making emergency legal arrangements. A financial power of attorney avoids the need for a court-appointed conservatorship, streamlines access to funds for care or living expenses, and enables management of investments and property by a trusted person. It also permits you to set boundaries, require reporting, and name back-up agents. Thoughtful planning allows you to maintain a measure of control over how decisions are made and ensures continuity in the face of unexpected illness or disability.
Even if you have a trust or will, a power of attorney plays a distinct role during life by authorizing immediate financial actions. It supports estate plan administration by enabling funding of trusts and handling day-to-day financial responsibilities that cannot wait until probate or trust administration. Discussing options early allows coordination with other documents such as advance health care directives and guardianship nominations so that both medical and financial decisions are addressed consistently. Regular review keeps the plan current with changes in assets, family circumstances, or personal wishes.
Circumstances that commonly require a financial power of attorney include serious illness, sudden incapacity, planned travel or long-term stays away from home, and complex financial portfolios that need ongoing management. Older adults often put documents in place to prepare for potential cognitive decline, while younger adults may use limited powers for specific transactions such as real estate closings. Business owners may grant powers to allow continued operation and payroll management during brief absences. Preparing in advance prevents disruptions in bill paying, mortgage or tax obligations, and investment decisions.
When illness or injury leaves someone unable to handle financial tasks, a financial power of attorney allows a trusted agent to pay bills, manage accounts, and oversee property matters immediately. This avoids unnecessary delays that could result in missed payments, loss of benefits, or deterioration of assets. A durable provision ensures the authority continues during incapacity, which is especially important for long-term medical conditions or recoveries. Advance planning helps ensure the agent has legal standing to act and access to necessary records to protect the principal’s finances without court involvement.
If you plan extended travel or a long absence, a limited power of attorney can allow someone to manage transactions in your absence, such as signing documents, managing property matters, or handling banking issues. This temporary authority provides continuity for urgent matters without giving broad ongoing control. Defining start and end dates, as well as the specific tasks the person may perform, helps ensure institutions accept the document and prevents misunderstandings. Planning in advance with clear documentation reduces the risk of delays while you are away.
Individuals with multiple business interests, investment accounts, or rental properties may need a comprehensive power of attorney to ensure timely decisions can be made if they are unavailable. Granting appropriate authority helps maintain operations, respond to market conditions, and meet contractual obligations. Careful drafting can balance broad decision-making ability with accountability measures such as reporting requirements or co-agent provisions. Integrating a power of attorney with business succession plans and trust documents increases the likelihood that transactions will be completed smoothly and consistently with the principal’s overall estate plan.
The Law Offices of Robert P. Bergman provides personalized assistance to Shandon residents seeking to prepare or update a financial power of attorney. We discuss your financial picture, recommend appropriate scope and activation language, and prepare documents that comply with California requirements. Our approach emphasizes practical solutions that coordinate with existing estate planning documents like revocable living trusts, pour-over wills, and HIPAA authorizations. We help clients name agents, successors, and provide clear instructions to reduce ambiguity. Timely planning protects assets and ensures trusted individuals can act on your behalf when necessary.
Clients work with our firm for reliable guidance in creating powers of attorney that reflect their priorities and comply with California law. We take time to understand your financial situation, family dynamics, and long-term objectives before recommending tailored language that avoids common pitfalls. Our process includes discussion of agent selection, activation clauses, and coordination with other estate planning documents to create a cohesive plan. Clear, well-organized documents reduce the likelihood of disputes and ensure institutions accept an agent’s authority when it is needed most.
We also assist with practical steps after document preparation, such as notifying banks, titling assets if necessary, and creating a plan for document storage and access. This follow-through helps agents act without delay when a situation arises. Regular reviews ensure documents remain current after major life changes such as marriage, divorce, or acquisition of significant assets. Our emphasis on communication and responsiveness helps clients feel confident that their financial affairs will be managed according to their wishes by trusted individuals they choose.
The firm offers clear pricing and an efficient process for drafting and executing financial powers of attorney, along with complementary estate planning tools like wills, trusts, HIPAA authorizations, and guardianship nominations. We provide guidance on whether a limited or comprehensive authority best suits your needs, and we explain the practical steps agents should take when acting on your behalf. Having a cohesive plan in place gives both principals and families a practical roadmap to follow during difficult times, preserving assets and reducing administrative burdens.
Our process begins with a detailed intake to identify assets, desired agent responsibilities, and any limitations you wish to include. We draft a clear document tailored to your needs and coordinate execution with notarization or witnessing as required by California law. After signing, we advise on distribution of copies and notification of financial institutions to facilitate acceptance when the agent must act. Follow-up consultations help ensure the power of attorney coordinates with trusts, wills, and healthcare directives so that your overall plan functions smoothly when called upon.
During the initial meeting, we review your financial accounts, real estate holdings, business interests, and family considerations to determine the appropriate scope and structure of the power of attorney. We discuss who is best suited to act as your agent and whether successor agents are needed. This stage also identifies any institutions that may require specific language or documentation. The goal is to create a document that accomplishes your objectives while minimizing friction with banks, brokers, and title companies, ensuring the agent can act promptly when required.
We help you articulate short-term and long-term goals for financial decision-making and consider safeguards to manage risks such as reporting requirements, co-agents, or limitations on certain transactions. Discussing these options upfront prevents misunderstandings and allows us to draft precise language that matches your comfort level. Consideration of asset types informs whether additional documents, like trust funding instructions or HIPAA authorizations, should be prepared simultaneously to ensure a comprehensive plan that covers both financial and medical decision-making during incapacity.
Based on the decisions made during the initial meeting, we prepare a power of attorney that reflects your priorities and complies with state requirements for execution. Customization can include detailed instructions for managing investments, paying bills, accessing retirement accounts if permitted, and handling real estate transactions. We also address activation triggers, successor agent succession, and revocation procedures. Tailored drafting reduces ambiguity and increases the likelihood that financial institutions will accept the document when the agent presents it.
Execution typically requires your signature and often notarization or witnesses as required by California law. After execution, we recommend sending executed copies to banks, brokerages, and other relevant institutions, and advising agents on how to present the document when acting. Some institutions may require additional forms or proof of identification before they will accept the agent’s authority; we help prepare for and address those requirements. Early outreach to institutions reduces delays when authority must be exercised and helps agents fulfill responsibilities without unnecessary obstacles.
Proper notarization or witnessing is essential for institutional acceptance and to prevent challenges later. We ensure that execution formalities are handled correctly, advise on where to store original documents, and recommend providing certified copies to agents and institutions. Keeping a record of distribution and informing the agent about locations of account records, passwords, and professional contacts streamlines administration. Clear record-keeping and secure storage help protect the principal’s interests and make the agent’s duty easier and more transparent.
We assist clients in notifying banks, brokerages, and title companies about the power of attorney and provide guidance on how agents should approach these organizations when action is needed. Advance communication often includes providing copies of the document and confirming any institution-specific requirements. Preparing agents with appropriate identification, signatures, and instructions reduces the possibility of refusal or delay. Our support helps ensure institutions accept the agent’s authority and that transactions can proceed efficiently when management of financial affairs becomes necessary.
A power of attorney should be reviewed periodically to ensure it reflects current circumstances, assets, and relationships. Life events such as marriage, divorce, new property purchases, or changes in agent availability may necessitate updates or revocations. We provide periodic review services and can prepare amendments or new documents as needed. Keeping your documents current prevents gaps in authority and reduces the risk of disputes. Regular communication with your agent and updates to institutional records maintain a reliable plan for managing finances during incapacity.
If you wish to change your agent, adjust the scope of authority, or revoke an existing power of attorney, we prepare the necessary amendment or revocation and advise on notifying all affected parties. Effective revocation requires communicating the change to the former agent and to financial institutions that held the previous document. We guide clients through the formal steps needed to replace older documents and to ensure the new instrument is accepted by third parties, minimizing confusion and preserving control over who can act on your behalf.
Coordination with other estate planning documents is important to ensure consistent decision-making. When trust or will provisions change, or when there are updates to healthcare directives or guardianship nominations, the power of attorney should be reviewed to reflect those changes. We help align language across documents so that agents, trustees, and family members have a clear roadmap for acting in your best interests. This ongoing coordination supports a cohesive estate plan that addresses both immediate financial management and long-term distribution goals.
A durable financial power of attorney includes language that allows the document to remain effective if the principal becomes incapacitated. The durability clause is crucial when the goal is continuity of financial management during illness, injury, or cognitive decline. The document can be drafted to take effect immediately upon signing or only upon a medical determination of incapacity, depending on the principal’s preferences. Durability helps avoid court-supervised conservatorship and allows a chosen person to manage accounts, pay bills, and address financial obligations. When deciding on activation timing, consider whether you want the agent to act right away or only under specific conditions. Clear activation language and instructions reduce confusion and help institutions accept the authority when it is needed. Discussing these choices during drafting ensures the document reflects your comfort level with agent authority and coordinates with other estate planning instruments you may have in place.
Choosing an agent involves assessing trustworthiness, financial acumen, availability, and willingness to take on responsibility. Family members are common choices, but a close friend, fiduciary, or corporate trustee can also serve. It is important to have a candid conversation with the person you intend to appoint so they understand your wishes and are prepared to act. Consider naming successor agents in case the primary agent is unavailable, and think about whether you want agents to act independently or jointly. Also consider potential conflicts of interest and how decisions will be documented and reviewed. Requiring periodic accountings, specifying limits on certain transactions, or including co-agent requirements can provide additional safeguards. Regularly reviewing your choice of agent ensures it remains appropriate as relationships and circumstances change.
Yes, a power of attorney can be limited to specific accounts, property, or transactions. A limited power of attorney describes the precise authority granted and often includes start and end dates tied to the specific task, such as completing a real estate sale or handling a single tax matter. This option is useful when you want someone to act on a narrow issue without granting broader financial control. Precise drafting helps banks and other institutions accept the authority and minimizes the risk of misunderstanding or overreach. Limited powers can coexist with broader estate planning documents so that temporary needs are addressed without compromising overall control. Carefully drafted language should identify the accounts or transactions covered and any required documentation for the agent’s actions. When practical, provide institutions with copies in advance and confirm any additional requirements they may have for accepting a limited agent’s authority.
If you do not have a power of attorney and become incapacitated, family members may need to petition the probate court to obtain a conservatorship to manage your finances. Conservatorship can be costly, time-consuming, and public, and it may limit family members’ ability to act quickly on financial matters. The court process involves petitions, hearings, and possible oversight that can delay bill payments and asset management, potentially harming credit and financial stability. Advance planning with a valid power of attorney avoids these court procedures by giving a trusted individual the legal authority to act immediately. Establishing documents in advance is a practical way to maintain privacy and continuity in financial affairs, and it reduces emotional and administrative burdens on loved ones during stressful times.
You can revoke or change a financial power of attorney at any time while you have capacity by executing a written revocation, signing a new power of attorney, and notifying the agent and relevant institutions. To make revocation effective, provide written notice to the former agent and deliver copies of the revocation to banks, brokerages, and others who might rely on the prior document. Keeping records of these communications helps prevent disputes or confusion later. When replacing a document, ensure that the new instrument clearly supersedes previous versions and follow the formal execution steps required by California law. Update institutional records and consider obtaining written acknowledgement from banks and other entities to confirm they recognize the new authority and will no longer accept the prior document.
Many banks and investment firms will accept a properly executed power of attorney, though acceptance practices can vary among institutions. Some organizations have internal forms or verification procedures that agents must complete before accessing accounts, and others may request additional documentation or record verification. Advance communication and providing certified copies of the power of attorney can smooth the process and reduce delays when the agent needs to act. If an institution refuses to accept the document, we can assist with resolving the issue through clarification, additional documentation, or by communicating directly with the institution. Proper notarization, clear language, and institutional outreach prior to when authority is needed increase the likelihood of timely acceptance and reduce administrative barriers for agents acting on your behalf.
A financial power of attorney works alongside a revocable living trust by authorizing an agent to manage affairs that support trust administration, such as transferring assets into the trust or managing accounts that will later be governed by the trust. While the trust controls assets titled in its name, the power of attorney can be used to fund the trust or handle financial matters before the trust becomes fully operative. Coordination between these documents is important to avoid gaps in authority and to ensure a smooth transition of assets into the trust when appropriate. When establishing both documents, consistent language and clear instructions help trustees, agents, and financial institutions understand how the instruments interact. We help clients draft powers of attorney that accommodate trust funding needs and provide practical guidance on transferring titles and notifying institutions to facilitate acceptance and administration.
You may name more than one agent and specify whether they must act together or independently. Requiring co-agents to act jointly can provide a check and balance on decision-making, but it can also slow actions if co-agents are not readily available. Allowing agents to act independently provides flexibility and faster response times, which can be important for urgent matters. Naming successor agents ensures continuity if the primary agent cannot serve, and clear succession language reduces uncertainty about who will act next. Consider the practical implications of joint decision-making versus independent authority and discuss those preferences during drafting. Including reporting or accounting requirements can add oversight while preserving efficient operation. Tailoring agent authority and succession planning to fit family dynamics and practical availability promotes effective management of financial affairs.
In California, a power of attorney must be signed by the principal and typically requires notarization to ensure authenticity and facilitate acceptance by institutions. Some transactions may also require witnesses. The document should contain clear language identifying the principal and agent, the scope of authority, any durability or activation provisions, and the signatures and dates. Proper execution formalities help prevent later challenges and support institutional acceptance when the agent presents the document to banks or title companies. Because requirements can vary depending on the institution or specific transaction, we recommend consulting with counsel during drafting and execution. We ensure documents meet statutory formalities and advise on any additional steps needed for property transfers, business interests, or retirement accounts to be accepted without delay.
Providing your agent with written instructions, a checklist, and information about accounts and contacts is highly advisable. Practical guidance such as locations of important documents, account numbers, professional advisors’ contact information, and your preferences for bill payments or investment management helps the agent act efficiently and in line with your wishes. A checklist reduces uncertainty and speeds up administration during stressful circumstances, improving overall results for the principal and family members. Including instructions about reporting frequency, required documentation, and any transaction limits creates transparency and accountability. While such guidance is helpful, it should be consistent with the power of attorney’s language. Keeping both the legal document and a practical information packet updated ensures the agent has the tools needed to manage affairs responsibly when authority is exercised.
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