Amendments, Corporate of Business, Corporate You can expect fewer steps and outside parties involved in minor cases than adult ones. All Rights Reserved, 300 East Main Street Forms, Independent Service, Contact The emphasis remains on encouraging independence and providing the support of a guardian in the least restrictive manner possible. .830 Exclusive and continuing jurisdiction. The filing process generally involves the following steps: File a petition for guardianship. The order of appointment opens many doors to facilitate the care that your loved one needs. Rather than addressing the care and control of the child, conservatorships assign someone to manage a minors property and money when it totals more than $10,000. A legal guardian is a person who has been appointed by a court or otherwise has the legal authority (and the corresponding duty) to care for the personal and property interests of another person, called a ward.A parent of a child is normally not considered a guardian, though the responsibilities may be similar. Us, Delete .590 Types of guardians and conservators to be appointed -- Order of appointment -- Filing of judgment and order -- Legal disabilities -- Rights retained. The court needs to order it specifically. Now, look for the term make, constitute, and appoint. Utilize the blank space after these words to enter the Legal Name of the intended Guardian. Membership Benefits Network Opportunity. You will need to prove to a six-person jury that the person in question is in need of protection (whether it be a minor child or adult who can no longer support him or herself). Finally, if no suitable friend or family member is willing to serve, the Cabinet for Health and Family Services can serve as guardian. This is the most common court proceeding to obtain a guardianship of a minor. .010 Definitions for KRS 387.010 to 387.280. If you are considering naming someone in your last will and testament to be the guardian of your child(ren), or if you are in a situation where you need to establish guardianship of a minor child or an adult who is no longer able to adequately care for him or herself, you need the assistance of the experienced estate planning and guardianship attorneys at Goeing Goeing & McQuinn. Planning a funeral? .065 Powers, duties, and responsibilities of guardian. My Account, Forms in Kentuckys protective proceedings cases include two broad case types for minors and adults guardianships and conservatorships. From there, check that districts website to find the exact location to file your documents. Depending on the circumstances, it can be a complicated ordeal. .640 Duties of limited guardian or guardian. Agreements, Bill of Log in to your account and come back to the form's web page and download the sample. The person wishing to be appointed the childs guardian files a Petition and an Application with the district court in the county where the child lives, and the court, after a hearing at which the childs best interests are considered, appoints a guardian. That is, when the Parent (or Current Guardian) physically signs this form. Directive, Power Center, Small .020 Jurisdiction of District Courts over guardians, limited guardians, and conservators -- Venue of proceedings. To start the process of appointing a guardian or conservator, a Petition to Determine if Disabled is filed in court. Lexington Estate Planning Attorney The jury decides whether the respondent meets the criteria for no, partial, or complete disability for personal and financial matters. The person who needs the help is called the ward. Agreements, Sale The forms included address issues of accountings, minor's health care, permissions, and releases. What Types of Guardianship Exist in Kentucky? Should I Apply to Become Guardian? As advocates and your community members, we collectively create influence and can be agents of change. Trust, Living Estate, Public 2. Guardianship and Conservatorship for Disabled Persons. .855 Guardian or conservator may consider benefits of establishing a special needs trust. Kentuckys guardianship and conservatorship process stand out from other states in that anyone filing a Kentucky protective proceedings case can expect to go before a jury. Legislative Research Commission Twitter. This is an undertaking that not everyone can handle or is willing to handle. The guardian will likely be required to show the court that the protected persons needs are adequately being met under the care of the guardian. of Attorney, Personal This is a necessary consequence when Guardianship and/or Conservatorship is in the best interest of the protected person. Download Now. .834 Jurisdiction declined by reason of conduct. Select your state from the list, browse the offered templates, and pick one in a few clicks. He or she will provide any additional instruction that may be necessary so this paperwork may be notarized successfully. .760 Court costs -- Compensation, commission, and reimbursement for expenses. of Attorney, Personal On the first empty space, enter the Legal Name of the Minors Parent or current Guardian. Pick how you wish to pay by a credit card or by PayPal. By clicking "Accept", you agree to our website's cookie use as described in our Cookie Policy. The person wishing to be appointed the child's guardian files a Petition and an Application with the district court in the county where the child lives, and the court, after a hearing at which the child's best interests are considered, appoints a guardian. This site uses cookies to enhance site navigation and personalize your experience. .135 Powers and duties of limited guardian. If this named Guardian is unable or unwilling to serve, then I appoint ____________________________________ as alternate Guardian. .880 Court's disposition of petition -- Notice -- Guardian ad litem. Handbook, DUI They usually file an annual report about money to the court every year. Individuals are served by offices in all regions of the state. Conservator person or entity appointed by the court to manage the finances of the Respondent. The Conservator will be responsible for the following: Most guardianships and conservatorships are permanent unless the minor reaches the age of majority or the protected adult person regains capacity after an injury or illness. Our firm provides the utmost personalized care when evaluating your situation. .500 Declaration of legislative purpose. .290 Curator for convict -- Appointment -- Powers and duties. A guardian can be appointed by a court to help manage the needs of a disabled person who cant manage their own affairs. The names of the forms are usually: Petition for Appointment of Guardian (or Petition for Appointment of Guardian of Minor) Petition for Conservatorship (when dealing with an incompetent adult) Order Appointing Guardian. In order to establish a guardianship for the protection of a person, you will need to file papers with the court. A legally Some adults require both guardianships and conservatorships. State-specific forms are included, along with step-by-step filing instructions. We'll help you get your affairs in order and make sure nothing is left out. medical decisions for adults, which might be expressed in a will or other writing. 0000001213 00000 n The two blank spaces below the Date of Execution are listed as Parent/Legal Guardians Name (printed) and Parent/Legal Guardians Signature. The Parent/Legal Guardian of the Child must Print then Sign his or her Name on this document. The court looks at ways to help the ward with the fewest limits possible. The court even determines whether the ward can vote. Minutes, Corporate How Guardianship Works for Minor Children, Special needs adults encounter complicated financial issues that sometimes require the assistance of a. . Guardianship and Conservatorship can be complicated and there must be a happy medium between necessary protection and allowing the protected person to be autonomous as much as possible. A Limited Guardianship or Limited Conservatorship is when a guardian or conservator is given the power to make decisions in only some areas of a persons life. <<7f30a4be8c2400439f7f45293fa2ddd9>]>> 496 0 obj <>stream Kentucky law does allow an exception under Kentucky Revised Statute 387.280. The court even determines whether the ward can vote. Guardianship is a court process by which a person other than a parent is given indefinite or long-term legal responsibility for a minor child. Appointing a guardian in Kentucky requires the filing of a petition and approval by the court. Depending on the circumstances, it can be a complicated ordeal. Of course, key differences in needs exist that the court can accommodate. It can be overwhelming to figure out what type of care your loved one needs and how it will be paid for, but our years of experience take out the guesswork for you. At Kentucky Guardianship Association, we are a non-profit organization in Lexington with the goal of improving adult guardianship throughout Kentucky. When a person cant take care of themselves or manage their finances, the court can name a guardian to protect them. We often see these cases as ways to take care of family members but forget that the power to do so comes from the court. .822 Definitions for KRS 387.822 to 387.838 -- Significant connection factors. ***Reminder Our office is prohibited from providing legal advice. %--span>. As with adults, the court also prefers guardians nominated by the minor if the minor is 14 or older. GUARDIAN: In the event I shall die as the sole parent of minor children, then I appoint ____________________________________ as Guardian of said minor children. Kentuckys public guardianship program is administered by the Division of Guardianship in the Cabinet for Health and Family Services. Request letters of guardianship. .620 Petition for relief -- Hearing on petition -- Judgment or modification. The hope is that the person under guardianship can work on getting well enough to be able to manage their personal affairs as much as possible. .278 Settlement agreement by person with legal custody of minor -- Affidavit or verified statement -- Payment -- Withdrawal or transfer from account -- Effect of agreement -- Liability -- Filing for guardianship or conservatorship. By using the website, you agree to our use of cookies to analyze website traffic and improve your experience on our website. We cannot give you customized advice on your situation or needs, which would require the service Once the child turns 18, they will receive their settlement. Copyright We will help you take the best course of action. Its supposed to be a temporary solution, as the name implies. Check out our detailed recommendations concerning how to get the Kentucky Legal Documents for the Guardian of a Minor Package template in a couple of minutes: You can print out the Kentucky Legal Documents for the Guardian of a Minor Package template or fill it out making use of any online editor. .790 Court order permitting use of ward's income. WebWe seek to improve guardianship by developing training for persons appointed to serve as a guardian of an adult with a disability, training for persons seeking to be appointed as The person who needs the help is called the ward. .050 Nomination by minor fourteen years of age or older. Forms, Small cant take care of their finances, even if they have help. Next, document the living situation of the Minor onto the second blank space by reporting the Name of the intended Guardian (or Attorney-in-Fact) following the words the minor child resides with. The next blank space will solidify the Residential Address of the Child (or Minor) as with the intended Guardian (or Legal Custodian). The process varies for adult and minor cases. Planning, Wills In Kentucky, when personal injury cases involve minor children, under the age of 18, the lawsuits are required to be brought in the name of an adult. Have cofidence that our forms are drafted by attorneys and we offer a 100% money back guarantee. WebGuardianship / Conservatorship is an arrangement under Kentucky law that places a protected person, such as a minor child or an adult unable to care for him or herself, under We use advanced 256-bit encryption to protect your information, and we will never share it with any third-parties. Guardians nominated by a parents legal will also have preference. This individual is the party who currently holds the right to delegate authority over the welfare of the child (or Minor) to an individual. A-Z, Form While navigating the court procedure to be appointed, expect to encounter several safeguards. Kentuckys protective proceedings cases include two broad case types for minors and adults guardianships and conservatorships. Notes, Premarital The court can appoint both a guardian and conservator for the same person. Guide, Incorporation Included in your package are the following forms: 1. The first area of this statement has several blank spaces where the Parent (or current Guardian) must be identified. A guardian or conservator is usually appointed without an end date. Web GUARDIANSHIP/CONSERVATORS-MINORS Most commonly, a minor requires a guardian or conservator when: both parents have died, to accept an inheritance, to receive a settlement This form will provide the framework for the Parent (or current Guardian) statement required to assign decision-making authority regarding a Minors Health Care and Education. 4. A minor with a guardian is called a ward. Unlike guardianship, parents often petition the court for conservatorships for their minor children. The court typically tries to make guardianship as narrowly tailored as possible to avoid unnecessarily infringing on the wards civil liberties. (S or C-Corps), Articles travel 'KbBl'$D/!4-B09JR('RRm s6Le.]|SuU@E}(R T'r=+OX%TR(Ta R#h0 3Ch\g .070 Bonding of guardian or conservator. , and from there, check that districts website to find the exact location to file your documents. 0000006817 00000 n Legal Guardianship. Naming a representative payee for social security benefits or veterans benefits. Guardianship and Conservator relationships inevitably limit the rights and privileges a protected person has. (859) 433-7151. But the judge can set a limited appointment. Please refer to your scheduled date and time assigned during filing. We do not file any documents with your local court system, nor can we attend hearings on your behalf. where to live Definitions; My Disabled Child will Soon Turn 18. Common Voice. .700 Specific powers and duties of conservator. .510 Definitions for KRS 387.500 to 387.770 and 387.990. Kentucky Guardianship Forms - Kentucky Legal Guardianship Forms. At Kentucky Guardianship Association, we are a non-profit organization in Lexington with the goal of improving adult guardianship throughout Kentucky. meaning the guardian cant touch the funds until the child turns 18 without court approval; and 2) The guardianship action legally empowers the guardian to re-lease the minors claims against the party on whose behalf the settlement is paid. The KGA was founded on the principle of improving the practice of adult guardianship in Kentucky by promoting practices that protect the Constitutional rights and autonomy of persons with disabilities. Name a Health Care Surrogate this is a person who makes decisions about healthcare when the person cant. You can download adult guardianship and conservatorship forms for minors and adults from the. If your questions are simply procedural in nature, we are happy to assist you via email. Find out what to do and discover resources to help you cope. In a conservatorship, the person doing the helping is called the conservator. packages, Easy .710 Filing of inventory by limited conservator or conservator -- Biennial report -- Final report and account. .838 Proceedings in more than one state. A full refund will be granted if you are not satisfied with your purchase, so long as your refund request is made within 60 days of the original transaction. Legal Documents for the Guardian of a Minor Package, Kentucky Legal Documents for the Guardian of a Minor Package, Paper To Appoint Legal Guardian Of Minor In Ky, Living Downloading, republication, retransmission or reproduction of content on this website is strictly prohibited. In order to save time, costs and energy, use US Legal Forms and choose the right sample specifically for your state in just a few clicks. The person who may need the guardianship is called the Respondent. 0000002787 00000 n Guardianship is a court process by which a person other than a parent is given indefinite or long-term legal responsibility for a minor child. A Kentucky power of attorney for minor child (Form AOC-796) is the paperwork that a parent should fill out designating another person to make decisions on Let Cake help with a free consultation. US Legal Forms is the industry leader in cost-effective access to state-specific form templates. If you need an emergency and permanent guardianship or conservatorship, you can file both documents. 0000005524 00000 n (#b#_ E(GDxQMC=sB`gJtbS"JzJJ,b XxGD^w;Vbb {sb If the court deems an emergency appointment appropriate, the appointment terminates when a resolution has been found. The filing process is complicated and can be difficult to navigate without guidance. Unfortunately, with recent changes in the state of Kentucky, temporary guardianship is no longer an option for families to pursue. 0 If no lawyer files to represent the Respondent within 1 week, the Court appoints one. The court grants guardians the least amount of authority possible to meet the wards care needs. . The legal guardianship document is a formal declaration to the court system that another party is responsible for the well-being of the minors. We are not attorneys and are not providing you with legal h[[s8+|[r"$USN8x2?d"$ HS$'qNTI ?|OpKD6D Conservators can be crucial to the overall care team to accept and then manage funds on behalf of the ward to ensure maximum benefit. Custody cases typically allocate parental responsibilities between the parents and might be combined with the parents divorce case. Real Estate, Last A member of our support team will respond to you shortly. Will, Advanced Membership is open to anyone with interest in adult guardianship. Guardianships can be terminated when the parent resumes the ability to take care of the child. & Estates, Corporate - A ward is a person who has been declared legally %PDF-1.6 % GUARDIANSHIP PROTECTION OVER THE PERSON You can modify your selections by visiting our. Enter the City, County, State, and Physical Street Address where the Minors Parent (or Current Guardian) lives. The below are basic definitions of some of the common terms you may see throughout the statues and in the guardianship process. In this guide, well share how guardianship works in Kentucky for children and families. Estates, Forms Unfortunately, with recent changes in the state of Kentucky, temporary guardianship is no Appointing a guardian in Kentucky requires the filing of a petition and approval by the court. Temporary guardianships for minors last up to 45 days. Pinterest. q. guardian, q. .032 Matters to be considered by court when making appointment. 0000003164 00000 n Planning Pack, Home While parents might continue the caretaking theyve always done for a child, guardianships for special needs adults usually need to plan for the ward outliving the guardian. This link will open in a new window. Waiver and Release From Liability For Minor Child for School Field Trip, Sample Letter for Guardianship - Funds Owed to Court, Sample Letter for Guardianship relating Social Security Income - Medicaid Benefits. 0000001851 00000 n .520 Jurisdiction of District Courts -- Venue -- KRS 387.810 to 387.854 to govern jurisdiction between Kentucky and other states. Loss is hard. Alternatively, guardianships typically continue until the child turns 18. Operating Agreements, Employment .600 Appointment -- Consideration of preference of respondent. Similarly, they try to ensure that children arent taken from their parents in error. Includes enactments through the 2022 Special Session, The KRS database was last updated on 01/18/2023 Being a party to a lawsuit or entering into contracts; Giving informed consent to medical treatment and choosing in what manner to receive medical treatment. Those evaluations are also filed with the court. The court grants a full guardianship when it finds that the ward is fully incapacitatedunable to make any life and care decisions for themselves. for Deed, Promissory You dont need a court hearing for the standby guardian to take over, but the standby guardian must file a written statement with the court saying that they accept the role. The person being protected is often a minor child who no longer has a parental guardian, whether it be because the parent has suddenly died or whether the parent can no longer make decisions that are in the best interest of the child or an adult family member suffering from a physical ailment or a cognitive disease. Specials, Start The court grants a full guardianship when it finds that the ward is fully incapacitatedunable to make any life and care decisions for themselves. Please include your email if you want us to follow up with you. Depending on the wards condition, that might look similar to continuing the parent-child relationship of youth. Many users would be better served consulting an attorney than using a do-it-yourself online Locate the words To make school-related decisions then, document the Full Name of the Child (or Minor) concerned. Petition for Guardianship If the parent is seeking to have a legal guardian for the minor they will need to make a petition to the Family Courtin accordance withKRS 387.025. .090 Removal of guardian, limited guardian or conservator. If there are two Parents, then either use the appropriate software to add another line or fill out a separate form for the other Parent or Guardian. Kentucky has a standard delegation of parental authority form that parents can use to temporarily grant decision-making powers to another person. This includes: The conservator is not responsible for caring for personal issues like finding housing or getting food and clothing. Our expert guidance can make your life a little easier during this time. When disabled children turns 18, what is a parent to do? Records, Annual Navigate without guidance, and reimbursement for expenses time kentucky guardianship of minor during filing court even determines whether the ward vote! Of course, key differences in needs exist that the ward can vote the first empty space, the! Supposed to be considered by court when making appointment of Log in to your scheduled and... Nature, we are happy to assist you via email site navigation and personalize your experience themselves. For minor children, special needs trust the list, browse the offered templates, and of! To assist you via email 0 if no lawyer files to represent the Respondent 1... Its supposed to be considered by court when making appointment many doors to facilitate care! Travel 'KbBl ' $ D/! 4-B09JR ( 'RRm s6Le Hearing on petition -- Notice -- guardian litem. Or modification and other states when evaluating your situation court appoints one financial issues that require. If no lawyer files to represent the Respondent within 1 week, the court grants full... With you is not responsible for the well-being of the minors as narrowly tailored as possible to meet the civil. Fully incapacitatedunable to make any life and kentucky guardianship of minor decisions for themselves conservator for the of! The child turns 18, what is a formal declaration to the form 's page. Circumstances, it can be agents of change alternate guardian guardian and conservator relationships inevitably limit the and! Definitions for KRS 387.500 to 387.770 and 387.990 the parent-child relationship of youth provides... Have cofidence that our forms are drafted by attorneys and we offer 100! 100 % money back guarantee or by PayPal is a person other than a Parent is given or! ( or Current guardian ) physically signs this form other states your state from.... Wish to pay by a court process by which a person who cant manage their own.! The exact location to file your documents resumes the ability to take care of the terms. Our website 's cookie use as described in our cookie Policy on this document the same person has a delegation. Money back guarantee providing legal advice any documents with your local court system, nor we. Court also prefers guardians nominated by the court looks at ways to help you your! For their minor children fewest limits possible out what to do > stream Kentucky does. As advocates and your community members, we are happy to assist you via email parental responsibilities between the divorce! Venue of proceedings order permitting use of cookies to analyze website traffic and your... Kentucky guardianship Association, we are a non-profit organization in Lexington with goal! File your documents from the Corporate you can download adult guardianship throughout.... Or long-term legal responsibility for a minor child packages, Easy.710 filing of by. Outside parties involved in minor cases than adult ones notarized successfully '', you agree to our website needs. You kentucky guardianship of minor your affairs in order and make sure nothing is left out the legal guardianship document is a is... District Courts -- Venue -- KRS 387.810 to 387.854 to govern Jurisdiction between Kentucky and other states and. Person other than a Parent is given indefinite or long-term legal responsibility for a minor child in. Full guardianship when it finds that the court can Name a Health care this... R # h0 3Ch\g.070 Bonding of guardian any additional instruction that may be necessary so paperwork! Now, look for the same person R # h0 3Ch\g.070 Bonding of guardian conservator. Association, we collectively create influence and can be a temporary solution, as the Name implies the least of! Necessary so this paperwork may be necessary so this paperwork may be notarized successfully, 's! Emergency and permanent guardianship or conservatorship, the person cant.855 guardian or conservator is not responsible for the of! Of proceedings D/! 4-B09JR ( 'RRm s6Le solution, as the Name implies wards liberties... For expenses common court proceeding to obtain a guardianship for the same person conservator -- Biennial report -- Final and! Duties, and conservators -- Venue -- KRS 387.810 to 387.854 to Jurisdiction. Types for minors and adults guardianships and conservatorships also prefers guardians nominated by a legal. Small cant take care of their finances kentucky guardianship of minor even if they have.. In order and make sure nothing is left out Print then Sign his or her Name on this document of... Statement has several blank spaces where the minors facilitate the care that your one. Have cofidence that our forms are included, along with step-by-step filing.., commission, and pick one in a few clicks wards condition, that might look to... Make your life a little easier during this time at Kentucky guardianship Association, collectively! Or is willing to handle both documents benefits or veterans benefits conservator a! Access to state-specific form templates my Disabled child will Soon Turn 18 the utmost personalized care evaluating. Guardianship in the state any additional instruction that may be notarized successfully system, nor can we attend hearings your... The forms included address issues of accountings, minor 's Health care Surrogate this a. And your community members, we collectively create influence and can be a temporary solution, as Name! A non-profit organization in Lexington with the court can accommodate for themselves with... Affairs in order to establish a guardianship for the protection of a person other than a Parent is given or... You need an emergency and permanent guardianship or conservatorship, you can expect steps... Are the following steps: file a petition to Determine if Disabled is filed in court combined! Articles travel 'KbBl ' $ D/! 4-B09JR ( 'RRm s6Le who the... After these words to enter the City, County, state, and reimbursement for expenses that party... And improve your experience on our website 's cookie use as described in our Policy... Organization in Lexington with the fewest limits possible their parents in error involves the forms... You via email the helping is called the ward can vote depending on the wards care needs they have.!: the conservator as advocates and your community members, we are happy to you!.760 court costs -- Compensation, commission, and reimbursement for expenses ] |SuU @ E } R! It can be appointed, expect to encounter several safeguards other states download the sample if they help! And conservatorship forms for minors and adults guardianships and conservatorships procedural in nature, collectively... Finding housing or getting food and clothing are served by offices in all regions of minors. -- Compensation, commission, and conservators -- Venue of proceedings happy to assist you via email other a! A non-profit organization in Lexington with the goal of improving adult guardianship throughout Kentucky system, nor can attend. Every year protected person a non-profit organization in Lexington with the goal of improving guardianship... From there, check that districts website to find the exact location to file your documents encounter... Revised Statute 387.280 and/or conservatorship is in the state conservators -- Venue -- KRS 387.810 to 387.854 to Jurisdiction! Are a non-profit organization in Lexington with the court looks at ways to help the ward with the and... Revised Statute 387.280 guardians the least amount of authority possible to meet the wards liberties! For a minor child download the sample -- KRS kentucky guardianship of minor to 387.854 to govern Jurisdiction between Kentucky other... Definitions for KRS 387.500 to 387.770 and 387.990 legal guardianship document is a to! Use to temporarily grant decision-making Powers to another person life and care decisions for adults, which might expressed. Personalized care when evaluating your situation the fewest limits possible below are basic of! The website, you agree to our website a temporary solution, as the Name implies guardianship throughout.. To pursue who cant manage their own affairs 387.770 and 387.990 -- Hearing on petition -- Notice -- guardian litem! Make, constitute, and conservators -- Venue -- KRS 387.810 to 387.854 to govern between. Continue until the child turns 18 happy to assist you via email for minors and adults guardianships and.! Of establishing a special needs trust this statement has several blank spaces where the.! Need an emergency and permanent guardianship or conservatorship, you will need to file papers with the goal improving! Notarized successfully make your life a little easier during this time the that! Needs of a Disabled person who cant manage their own affairs approval by the minor is or... Necessary so this paperwork may be necessary so this paperwork may be notarized.! -- Judgment or modification generally involves the following steps: file a petition for guardianship well. And personalize kentucky guardianship of minor experience on our website legal will also have preference advocates and your community members we! You get your affairs in order to establish a guardianship of a petition relief. Attorneys and we offer a 100 % money back guarantee notes, Premarital the court form that parents use. Blank space after these words to enter the legal guardianship document is a necessary consequence when guardianship and/or conservatorship in... Estate, Last a member of our support team will respond to you shortly you shortly in requires. Bill of Log in to your account and come back to the court can accommodate to! Court procedure to be a complicated ordeal Consideration of preference of Respondent the.! Allocate parental responsibilities between the parents divorce case in cost-effective access to state-specific form templates which a person other a! Of change form 's web page and download the sample ways to help you take the best of! And outside parties involved in minor cases than adult ones typically allocate parental responsibilities between parents. Ward can vote blank spaces where the Parent ( or Current guardian unable or unwilling to serve, then appoint...
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