Guardianship nominations are a vital component of a thorough estate plan for parents and families who want to ensure their minor children are cared for by trusted people if something happens to them. At the Law Offices of Robert P. Bergman, we help clients in Santa Susana and Ventura County draft clear, legally sound nominations that reflect their values and family preferences. A properly drafted nomination provides peace of mind by naming guardians, outlining priorities, and coordinating with other estate planning documents like trusts, wills, and powers of attorney to create a cohesive plan tailored to each family’s needs and circumstances.
Choosing a guardian is one of the most personal decisions a parent can make, and the nomination process should reflect careful thought about a child’s emotional, educational, and financial future. Guardianship nominations help ensure that a court will consider the parents’ wishes when appointing a guardian for minor children. Our approach is practical and focused on documenting clear instructions and contingencies, such as alternate choices, guardianship timelines, and instructions about who should manage a child’s inheritance. We work with clients to integrate guardianship nominations with other documents like pour-over wills, trust assignments, and healthcare directives to avoid gaps or conflicts.
Guardianship nominations reduce uncertainty for surviving family members and simplify court decisions by making parents’ preferences known ahead of time. When nominations are included in estate planning, courts are more likely to honor the parents’ choices, and caregivers can act with confidence while the guardianship process moves forward. Well-drafted nominations also address practical matters like provisional guardians, financial management, and coordination with trusts or wills to ensure children’s needs are met without unnecessary delay. This planning can lower emotional stress at a difficult time and provide a clearer roadmap for guardians and trustees entrusted with a child’s care and finances.
The Law Offices of Robert P. Bergman serves families across California with focused estate planning services including guardianship nominations, trusts, wills, and related documents. Our team emphasizes careful listening, thorough document preparation, and clear communication so that legal documents reflect each client’s family dynamics and goals. We guide clients through options and potential outcomes, taking time to discuss guardian selection, financial provisions, and contingencies. Our goal is to produce durable, understandable nominations that integrate smoothly with trust provisions, powers of attorney, and advance healthcare directives to protect children and support appointed guardians when they assume responsibility.
A guardianship nomination is a formal statement naming whom parents prefer to care for their minor children if the parents cannot do so. While a nomination does not make someone a guardian automatically, it guides courts and reduces disputes among relatives. Effective nominations identify primary and alternate candidates, consider location, values, and caregiving ability, and align with financial arrangements like trusts and pour-over wills that fund a child’s future. Including nominations in a broader estate plan ensures consistency across documents and creates clearer expectations for family members who may need to step into a caregiving role suddenly.
In California, the court has final authority to appoint a guardian, but it typically gives weight to a parent’s documented wishes when those wishes are clearly expressed. Nominations should be revisited periodically as family circumstances change; changes in health, relationships, or the suitability of nominated individuals can affect whether a nomination remains appropriate. We assist clients in drafting nominations that are clear, legally compatible with other planning documents, and include contingencies for alternate guardians, temporary care, and instructions about how a guardian should manage the child’s welfare and the funds set aside for their support.
A guardianship nomination is a written declaration by a parent naming preferred caregivers for minor children in case the parents die or become incapacitated. The nomination typically names primary and alternate guardians and may suggest preferred arrangements for schooling, religious instruction, and residence. It should also describe how financial resources are to be managed, whether through a trust or another mechanism, to ensure the appointed guardian can provide for the child’s needs. While not automatically enforceable without court approval, a clear nomination strongly informs a judge’s decision and reduces the chance of contested guardianship proceedings.
When preparing a guardianship nomination, include the full legal names and contact information of nominated individuals, specify primary and alternate choices, and explain any preferences about the child’s upbringing and education. Coordinate the nomination with trusts, pour-over wills, and financial powers of attorney so that appointed guardians have access to funds and decision-making authority when needed. The process often involves signing the nomination in the presence of witnesses and storing it with other estate planning documents. If the nomination accompanies other estate documents, it can be presented to the court to reflect parental intent during a guardianship proceeding.
Understanding common terms helps families make informed decisions. Important words include guardian, surrogate decision maker, pour-over will, trust, conservator, and succession of appointment. Clarifying these terms makes drafting nominations easier and reduces confusion during stressful times. We explain how each term applies to your situation and how documents like financial powers of attorney and advance healthcare directives interact with guardian appointments. Clear definitions help ensure that guardianship nominations are drafted to align with broader estate planning goals and provide practical instructions for appointed caregivers and fiduciaries.
A guardian is a person appointed by a court to care for the personal needs and welfare of a minor child. Guardians handle daily care, schooling decisions, health care choices, and other personal aspects of the child’s life. Guardianship nominations identify preferred caregivers and are considered by the court when appointing a guardian. While nominations do not automatically confer authority, they strongly reflect parental preferences and guide courts toward honoring the parents’ intentions whenever legally appropriate. Guardians work alongside trustees or financial managers who may oversee the child’s assets and financial support.
A pour-over will directs that any assets not already in a trust at the time of a parent’s death be transferred into the named trust for management and distribution. In the context of guardianship nominations, a pour-over will ensures that funds intended to support the child are managed under the trust’s terms, allowing a guardian access to resources for the child’s care. This mechanism helps integrate guardianship arrangements with broader estate plans, making it easier for appointed caregivers to administer funds according to the parents’ wishes without separate probate complications.
A trust is a legal arrangement where one party holds and manages assets for the benefit of another, often used to provide for minor children after a parent’s death. Trusts can specify how funds are to be used, name trustees responsible for financial oversight, and set distributions on schedules or for specific purposes like education or medical care. When used with guardianship nominations, a trust can ensure that a guardian has resources available to care for a child while a trustee manages the assets in accordance with the grantor’s instructions, reducing court involvement and providing structured financial protection.
An advance health care directive allows an individual to appoint an agent to make medical decisions if they become incapacitated, and to express preferences about treatment. While primarily focused on adults, an advance health care directive complements guardianship planning by clarifying who should make medical decisions if a parent is unable to do so and by documenting parental wishes that may affect the child’s care. Including this document in a comprehensive estate plan ensures that health care decision-making aligns with guardianship nominations and the family’s overall planning goals.
Families often choose between a simple, narrowly drafted nomination and a more comprehensive plan that integrates trusts, wills, and specific financial arrangements. A limited approach may name a guardian and rely on basic documentation, while a comprehensive plan clarifies funding, trustee responsibilities, and contingencies for alternate caregivers. The right choice depends on family complexity, asset structure, and preferences about privacy and court involvement. We discuss the practical differences, help weigh potential benefits and drawbacks, and recommend an approach that minimizes future disputes while ensuring continuity of care for children.
A limited nomination can be sufficient when a child’s care is likely to be assumed by a close family member who is ready and able to step in quickly without complex financial arrangements. In families with cohesive relationships, shared values, and minimal assets to manage, a straightforward nomination that names a primary and alternate guardian may meet most needs. Even in these situations, it is advisable to coordinate the nomination with basic financial documents to ensure the appointed caregiver has access to necessary funds and legal authority to make timely decisions for the child’s welfare.
Families with uncomplicated financial situations and few assets requiring management may find a limited guardianship nomination appropriate, particularly when funds for the child are easily accessible through savings or beneficiaries. If the primary concern is naming a caregiver rather than establishing complex trust structures, a concise nomination and a pour-over will might be adequate. However, even modest estates should consider how guardians will access funds, as unresolved financial logistics can delay care. We help clients evaluate whether a minimal plan will achieve their goals or whether additional documents would provide better protection.
When family dynamics are complex, assets are substantial, or there are blended-family considerations, a comprehensive guardianship plan reduces the risk of disagreement and legal friction. Integrating guardianship nominations with trusts, pour-over wills, and clear trustee instructions ensures that children’s financial and personal needs are addressed consistently. This approach helps coordinate who will care for the child and who will manage the funds, reducing the need for additional court intervention. We assist families in laying out contingencies, naming alternates, and ensuring that fiduciary roles are clearly defined and workable.
Comprehensive planning becomes important when a child will need long-term financial support, there are significant assets, or there are special care needs. Trusts, retirement plan trusts, and other dedicated arrangements can be created to deliver funds responsibly and according to parental intent, while guardians focus on day-to-day care. This coordination is particularly helpful for families planning for educational needs, medical care, or trust distributions tied to specific milestones. A thorough plan also addresses tax considerations and beneficiary designations to preserve assets for the child’s benefit.
A comprehensive approach provides clarity about who will care for children and how their financial needs will be met. Integrating guardianship nominations with trusts, pour-over wills, and powers of attorney helps avoid conflicting directions and simplifies the transition of care and financial oversight. This coordination reduces the likelihood of contested proceedings and helps guardians access resources promptly. Families gain a coordinated structure that reflects parental wishes for caregiving, education, and financial management, offering practical protections and peace of mind during a difficult time.
Beyond immediate care, a comprehensive plan can specify how assets are preserved and used for the child’s long-term benefit, whether through a trust for education, medical needs, or staged distributions. Naming trustees and aligning beneficiary designations ensures funds are applied as intended without undue delay. The combined planning also provides fallback arrangements, such as alternate guardians and successor trustees, to ensure continuity if an initially named individual is unable or unwilling to serve. This layered protection minimizes administrative burdens for family members and helps maintain stability for the child.
When guardianship nominations are part of a coordinated estate plan, named caregivers can assume responsibility with fewer delays because financial and legal arrangements have been anticipated. Trustees and guardians can work together to ensure day-to-day care and long-term financial needs are both addressed. Having clear instructions for how funds are used and who manages them reduces administrative friction and helps guardians focus on a child’s wellbeing rather than legal logistics. This integrated approach supports continuity and stability for the child during a transition.
A comprehensive plan reduces uncertainty and potential conflicts among family members by documenting parental preferences and funding arrangements in advance. Courts tend to respect well-documented nominations, which can make the guardianship appointment process smoother and less adversarial. Clear instructions about alternates and trusteeship also help prevent disputes over asset control and decision-making authority. By providing structured guidance, a complete plan protects the child’s best interests and lowers the risk of prolonged legal proceedings that could be disruptive to the family.
Selecting both primary and alternate guardians gives your plan flexibility if circumstances change or an initially named individual cannot serve. Consider how each candidate would handle daily care, schooling, and family values, and discuss responsibilities with them before naming them in a document. Make sure the chosen guardians understand your expectations and that they are willing to accept the role. Document any preferences about living arrangements, schooling, or religious upbringing so that the court and caregivers have clear guidance. Periodically review these nominations to ensure they remain appropriate as family situations evolve.
Store guardianship nominations and related documents with your estate planning paperwork in a secure yet accessible location. Inform trusted family members or the nominated guardians where documents are kept and how to access them. Revisit nominations whenever family circumstances change, such as after births, deaths, marriages, or significant relocations. Changing relationships or the availability of a nominated caregiver may require updates to keep the plan current. Regular reviews ensure that nominations reflect your present wishes and that accompanying financial documents remain appropriately coordinated with guardianship provisions.
Including guardianship nominations in your estate plan ensures your preferences for who will care for your children are known and considered by the court. Nominations help avoid confusion and reduce the potential for disputes among relatives by providing clear parental direction. They also work with trusts and wills to ensure the appointed caregiver has resources to support the child. Because nominations can be tailored with alternates and instructions about upbringing and schooling, they provide parents with a practical way to shape a child’s future even when they cannot be present.
Another reason to consider guardianship nominations is to create certainty and continuity during a stressful time. Well-coordinated documents allow caregivers to step into their roles more quickly and with less administrative burden. If you have specific financial wishes, a trust combined with a nomination will outline how funds are to be managed and distributed for the child’s support. This combination helps maintain stability in the child’s life, providing both personal caregiving direction and financial safeguards aligned with the parents’ intent.
Guardianship nominations are commonly needed for new parents, blended families, those with significant assets intended for children, and families living in different geographic areas. They are also important for parents who travel frequently or work in higher-risk occupations, as well as for individuals with children who have special medical or educational needs. Drafting a nomination helps clarify plans when sudden illness, incapacitation, or unexpected death occurs. In all cases, naming both primary and alternate guardians and coordinating financial provisions ensures continuity of care and mitigates uncertainty.
New parents should consider guardianship nominations early to ensure that their children will be cared for by trusted people if the parents are no longer able to do so. Young families can benefit from naming caretakers whose values and parenting approaches align with their own, and from specifying alternates in case circumstances change. Early planning helps preserve a child’s stability by clarifying who will assume responsibility and by ensuring there are financial mechanisms such as trusts or pour-over wills ready to support the child’s needs without delay.
Blended families often face more complex decisions about guardianship because parental roles and stepparent relationships can affect caregiving choices. Nominations help establish clear parental intent and guide the court in making decisions that reflect the parents’ wishes. When children have relationships with multiple caregivers across households, naming preferred guardians and alternates can prevent disputes and minimize uncertainty. Comprehensive planning should also address how financial support will be managed across different family branches to avoid conflicts and ensure consistent care for the child.
Families with substantial assets or children who require special medical care or educational support should integrate guardianship nominations with trusts and targeted financial plans. These arrangements guarantee that guardians have access to funds and clear instructions on how to use them, protecting a child’s long-term interests. Trusts can establish oversight, staged distributions, and provisions tailored to special needs, while nominations clarify who will provide daily care. Coordinated documents reduce administrative burdens and provide a structured framework for managing both personal and financial responsibilities on behalf of the child.
The Law Offices of Robert P. Bergman is available to guide Santa Susana families through the guardianship nomination process and broader estate planning needs. We offer personalized consultations to discuss guardianship choices, coordination with trusts, and drafting of related documents such as pour-over wills, advance health care directives, financial powers of attorney, and HIPAA authorizations. Our aim is to provide families with practical, clear legal documents that reflect their parenting wishes, reduce uncertainty for loved ones, and make transitions smoother if parents become unable to care for their children.
Families come to the Law Offices of Robert P. Bergman for thoughtful, practical estate planning that reflects their values and priorities. We take time to listen to family circumstances and design guardianship nominations that are clear, legally consistent, and coordinated with trusts and other planning documents. Our approach emphasizes careful drafting and open communication so that named guardians and family members understand the plan. We focus on creating documents that courts can rely on and that minimize delays or disputes when a transition in caregiving becomes necessary.
When creating guardianship nominations, we walk clients through choices about primary and alternate guardians, funding mechanisms, and related legal instruments such as pour-over wills and financial powers of attorney. We explain how each piece works together to support the child’s personal and financial needs. Our office assists with document preparation, storage recommendations, and periodic reviews to keep nominations up to date. We aim to make the process straightforward while delivering legal documents tailored to each family’s practical priorities.
We also help clients anticipate scenarios that could affect guardianship decisions and offer realistic solutions that balance parental intent with practical implementation. That includes discussing trustee roles, healthcare directives, and how to structure distributions to preserve funds for a child’s long-term well-being. By coordinating guardianship nominations with a complete estate plan, families gain increased certainty and smoother transitions for caregivers tasked with raising a child after the parents’ incapacity or passing.
Our process begins with a family-focused consultation to identify potential guardians, discuss family values, and review financial arrangements. We then draft nominations that name primary and alternate guardians and integrate those nominations with trusts, pour-over wills, and relevant powers of attorney. We advise on practical steps for communicating choices to nominated guardians and storing documents securely. If a guardianship proceeding becomes necessary, we can assist the family in presenting nominations and supporting documentation to the court to reflect parental intent and minimize delays.
The initial consultation focuses on understanding family dynamics, caregiving preferences, and financial structure. We ask about potential guardians, geographic considerations, and any special needs the child may have, and review existing estate planning documents like trusts, wills, and powers of attorney. During this meeting we outline options for nominations and funding, and explain possible court procedures. This discussion sets the foundation for drafting documents that reflect parental priorities and fit within the client’s broader estate plan, ensuring consistency and practical implementation when needed.
We help clients evaluate potential guardians by discussing caregiving philosophy, relationship stability, geographical proximity, and willingness to serve. This conversation includes naming alternates and identifying any potential obstacles to a smooth transition, such as health concerns or relocation possibilities. We also address preferences for schooling, religious upbringing, and family involvement so that nominations reflect both practical and personal priorities. Documenting these preferences helps a court understand the parents’ intentions and supports a selection that aligns with the child’s best interests.
During the initial review we examine existing estate documents such as wills, trusts, beneficiary designations, and powers of attorney to identify gaps or inconsistencies. We assess how funds will be accessed by guardians and whether trusts or pour-over wills are needed to manage assets for the child. This coordinated review ensures that nominations are compatible with financial plans and that trustees and guardians are assigned roles that work together. Addressing these details early prevents delays and helps ensure the nominated guardian has the resources needed for the child’s care.
Once preferences and financial arrangements are defined, we draft the guardianship nomination and any supporting documents such as trusts, pour-over wills, or HIPAA authorizations. The drafting phase ensures that nominations are clearly worded, legally coherent, and aligned with the client’s estate plan. We include alternates and practical instructions for guardians and coordinate trustee duties where financial oversight is necessary. Clients receive drafts for review and we make adjustments to reflect final decisions before executing the documents with proper witnessing and signature requirements.
Preparing the nomination involves clearly naming primary and alternate guardians, documenting contact information, and specifying any preferences regarding residence, schooling, or upbringing. We prepare supporting documents such as powers of attorney, healthcare directives, and trusts that provide financial support and decision-making authority in alignment with the nomination. Clear cross-references between documents make it easier for a court to see the parents’ intent and help guardians and trustees work together when assuming responsibility for the child’s care.
After drafting, we guide clients through proper execution procedures, including required signatures and witnessing, and advise on where to store documents for accessibility by family or proxies. We recommend providing copies to nominated guardians, trustees, and trusted family members while keeping originals in a secure location. Periodic review and updating are suggested to reflect changes in family circumstances. Proper execution and communication of documents reduce the chance of confusion and help ensure that nominations will be effective if the need arises.
We encourage periodic review of guardianship nominations and related estate planning documents to ensure they remain current. If circumstances change, we update nominations, trusts, and wills to reflect new decisions. Should a guardianship proceeding be necessary, we assist with paperwork and representation to present the parents’ documented wishes to the court. Our support focuses on helping the family navigate legal requirements while protecting the child’s best interests and ensuring a coordinated transition between guardians and trustees when the court acts on the nomination.
Families should review guardianship nominations after life events such as births, deaths, marriages, relocations, or changes in health. Regular reviews ensure nominated individuals remain appropriate and that financial arrangements still meet objectives. We offer review consultations to update documents and advise on any additional steps needed to align nominations with current wishes. This proactive maintenance helps keep the plan effective and reduces the likelihood of unexpected complications if a guardianship situation arises.
If a guardianship petition is filed with the court, we provide assistance preparing declarations, gathering supporting documentation, and coordinating testimony that reflects the parents’ nominations and intentions. We help nominated guardians and family members understand what the court will consider and how to present evidence of parental preference and the child’s best interests. This support helps move the process forward efficiently and ensures that the documentation prepared in advance plays a central role in the court’s decision-making.
A guardianship nomination is a written statement expressing parental preferences for who should care for minor children if the parents become unable to do so. While the nomination does not automatically confer legal guardianship, courts typically consider it seriously when deciding whom to appoint. The value of a nomination lies in documenting parental intent clearly, naming primary and alternate caregivers, and coordinating the nomination with financial arrangements so that appointed guardians can access necessary resources. Presenting a well-prepared nomination to a court helps reduce uncertainty and supports smoother transitions of care. Parents should ensure their nomination is clear, includes contact information for nominated individuals, and aligns with other estate planning documents. Coordination with trusts, pour-over wills, and powers of attorney ensures that financial support and decision-making pathways are in place. Although court approval is required to confirm a guardian, a properly drafted nomination increases the likelihood that a judge will honor the parents’ wishes when it is in the child’s best interests.
Choosing the right guardian involves careful consideration of the person’s values, parenting style, health, relationship with the child, and willingness to serve. Think about who will provide emotional stability, educational continuity, and a home environment that aligns with your family’s priorities. Naming alternates is important in case the primary choice cannot serve, and discussing responsibilities with prospective guardians ahead of time helps avoid surprises and ensures they accept the role if needed. Also consider geographic proximity and the practical ability of the chosen person to care for the child, including their work situation and family commitments. Reviewing financial arrangements is key so that guardians can access funds for the child’s immediate needs. We help families evaluate options and document their decisions to reflect a clear plan and minimize future disputes.
Using a trust alongside a guardianship nomination often provides stronger financial protection for a child. A trust can hold and manage assets for the child’s benefit, specify permitted uses of funds such as education or healthcare, and name a trustee who oversees distributions while the guardian handles day-to-day care. This separation of roles helps ensure funds are applied as intended and reduces the need for immediate court supervision of asset management. A pour-over will can complement a trust by transferring any assets not already in the trust into it upon death, preserving the overall plan. Coordinating trusteeship and guardianship gives families a comprehensive framework for both personal care and financial oversight, and helps appointed guardians access the resources necessary to raise the child according to the parents’ instructions.
Yes, you can name temporary or provisional guardians in your planning documents or make provisions for short-term care in an emergency. Temporary arrangements are useful if parents anticipate periods of absence or if there is a need for interim care while longer-term decisions are being finalized. Documenting temporary guardians and the intended duration provides clarity to family members and courts in emergent situations and helps ensure the child is cared for promptly. When naming temporary guardians, it is important to include clear instructions about the scope of authority and any conditions that trigger a temporary appointment. Coordination with financial documents ensures that temporary guardians have practical access to funds for immediate needs. Planning ahead for short-term contingencies reduces stress and helps maintain continuity of care for children during uncertain times.
Guardianship nominations should be reviewed regularly and updated after major life events such as births, deaths, divorces, marriages, or relocations. Changes in health, relationships, or a nominee’s ability to serve may affect whether a previously named guardian is still appropriate. Periodic reviews help ensure that nominations reflect the parents’ current wishes and that all related documents like trusts and powers of attorney are coordinated. A review every few years is a good practice, and immediate review is recommended after any significant family change. Keeping nominated guardians informed and confirming their willingness to serve will further reduce uncertainty. We assist clients with periodic updates to maintain the plan’s effectiveness and legal clarity over time.
If family members disagree about who should serve as guardian, having a clear, documented nomination that outlines parental intent can significantly reduce disputes. Courts prioritize the child’s best interests but will consider parental nominations when they are unambiguous. When disagreements arise, mediation and clear documentation often help parties reach a resolution without prolonged litigation, protecting the child from the stress of extended court battles. In some cases, contested proceedings may still occur. Preparing supporting documentation, witness statements, and a well-coordinated estate plan that aligns guardianship with financial arrangements can strengthen the presentation of the parents’ wishes. We provide guidance on strategies to minimize conflicts, document intent, and support a smoother court process when necessary.
A nominated guardian who lives out of state can still serve, but practical considerations such as schooling, travel, and relocation of the child will be taken into account by the court. Courts evaluate what arrangement serves the child’s best interests, including stability and proximity to extended family, which may affect whether an out-of-state nominee is appointed. Parents should consider how a distant guardian would handle logistics and whether arrangements for local caregiving or transitions are needed. If an out-of-state guardian is preferred, parents can document intended arrangements for relocation, schooling, and visitation with extended family members to help the court understand the plan. Including alternates who live locally and practical transition steps can provide additional assurance that the child’s needs will be met regardless of logistical challenges.
Once a guardian is appointed, funds for the child can be managed in several ways, such as direct access by the guardian, the appointment of a trustee, or court-supervised conservatorship when necessary. Trusts are frequently used to separate caregiving duties from financial management, naming a trustee to oversee assets while the guardian focuses on daily care. This approach helps ensure funds are used in line with parental wishes for education, health, and general support. Clear coordination between guardianship nominations and financial documents reduces delays in accessing funds and protects assets for the child’s long-term benefit. Providing explicit instructions about distributions and naming responsible trustees helps prevent misuse and ensures resources are available for the child’s needs without unnecessary court involvement.
It is wise to speak with potential guardians before naming them to confirm their willingness and readiness to serve. Discussing responsibilities, expectations, and any practical considerations helps prevent surprises and ensures the nominee understands the role. Informing prospective guardians also provides an opportunity to assess their commitment and discuss any financial or logistical support they may need if called upon. That conversation also helps you evaluate whether a nominee is the best fit, and prepares them to act quickly if necessary. Providing nominated guardians with copies of documents or guidance on where documents are stored will further streamline the transition when a guardianship becomes necessary.
Guardianship nominations interact closely with other estate planning documents to create a cohesive plan for a child’s care. A pour-over will and trust can provide the financial framework, while powers of attorney and advance healthcare directives handle decision-making if a parent is incapacitated. Ensuring these documents align prevents conflicts between personal care instructions and financial management, making it easier for guardians and trustees to carry out the parents’ wishes. Coordinated documents also help courts understand parental intent and support smoother appointments and financial transitions. Reviewing beneficiary designations and retirement plan trusts in conjunction with guardianship nominations ensures that funds are available and distributed according to the plan, reducing the need for court oversight over assets intended for the child.
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