All forms provided by US Legal Forms, the nations leading legal forms publisher. Templates, Name Directive, Power In many cases, temporary guardianship can be obtained without going to court. of Directors, Bylaws Trustees for incapacitated veterans and their beneficiaries. Trust, Living Always check with your local court about its procedures. You'll also want to file a letter of consent from the child's parents. Agreements, Letter The information form will be different depending on whether you are filing for guardianship of a minor or an incapacitated adult. Alongside the Guardianship of Minor form, you will need to file a motion requesting guardianship and requesting a hearing. Voting, Board Business. Agreements, Sale Forms, Independent Templates, Name This website was designed and is maintained by Legal Aid Center of Southern Nevada, Inc., a private, nonprofit, 501(c) (3) organization that operates the Family Law Self-Help Center through a contract with Clark County, Nevada. & Resolutions, Corporate Guardianships are also common when dealing with incapacitated elderly individuals. Estate, Public Letter From Notary Oftentimes, however, these written notary letters do not specifiy the scope of the temporary guardianship, and are missing essential information that gives temporary guardians legal power over your children. The goal is to provide a safe and secure environment for the minor until the parents are able to resume their parental responsibilities. If no compromise or agreement has been made, then you will need to present your case to the judge to obtain guardianship. packages, Easy Order If you dont have an account, you should register and pick a subscription plan first. All too often, you see papers which you believe are alright to use, but discover afterwards theyre not. If a guardianship is still needed after six months, the parties can sign . Templates, Name In most situations, it is necessary to disclose the Guardian/Ward relationship. Incorporation services, Living If you are petitioning to be appointed as the legal guardian of a minor child in Virginia, here are the steps you will need to take with your local Circuit Court for an uncontested case*: *Uncontested guardianship cases mean that any living natural parents support the appointment of a legal guardian for their child. Change, Waiver Operating Agreements, Employment The legal guardianship document is a formal declaration to the court system that another party is responsible for the well-being of the minors. A standby guardian may be someone who has been appointed by the court as the person who will act as guardian of the child when the child's parents die or are no longer willing or able to make and carry out day-to-day child care decisions concerning the child. Operating Agreements, Employment Will, All Begin the guardianship process by filing either a Guardian of a Minor Information form or an Incapacitated Adult Information form with the circuit court in the county or city where the minor or incapacitated adult resides. Once you file the motions you will receive a stamped copy from the clerk with a hearing date. I don't suggest attempting to draw up paperwork on your own. This type of guardianship does not involve going to court and can be arranged with or without the consent of the parents. Planning, Wills If you do not send notice the court will not hear your case and will simply give you a future date to show that you have properly served all parties. Real Estate, Last %PDF-1.5 % A temporary guardianship agreement is a private agreement that does not require a judge's approval. Estate, Public (S or C-Corps), Articles BlueNotary even makes it easy for foreigners with theirbiometric identity proofing. & Resolutions, Corporate Center, Small You can attend a FREE GUARDIANSHIP CLASS where you can learn the basics of guardianship law and the court procedures you need to know. Temporary guardianship gives the child a chance to stay with a different adult away from their parents. %%EOF Sales, Landlord A power of attorney legally authorizes the temporary guardian to make healthcare and legal decisions on behalf of the minor. A standby guardian may be someone who has been appointed by the court as the person who will act as guardian of the child when the child's parents die or are no longer willing or able to make and carry out day-to-day child care decisions concerning the child. Overall, having an experienced attorney on your side is the best way to ensure that you understand all aspects of temporary guardianship and can make an informed decision. hb```z AAK&o``] fTV-dB?ou2pt400wt00ut L 6d|L4CDBmMLWo,v `u"L343$A,$06@ 0I This package contains the following helpful information and forms: Standby Guardianship - This fact sheet defines the provisions of most standby guardian laws. The age requirement varies by State. If a guardianship is still needed after six months, the parties can sign another temporary guardianship agreement or they can file for permanent guardianship through the court. Will, Advanced Within this period, the temporary guardian will be allowed to take important decisions on behalf of the original guardian such as medical decisions, school decisions, etc. This is usually done through a power of attorney agreement between the parents and the guardian. When court may appoint temporary guardians; bond; powers and duties. Guardian Ad Litem (GAL) means "guardian of the suit". Amendments, Corporate 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. Additionally, it broadly defines: how to establish a standby guardian, who can nominate a standby guardian, how the authority of the guardian is activated, the involvement of the non-custodial parent, the relationship between authority of the parent and the standby, and withdrawing guardianship. This type of guardianship does not involve going to court and can be arranged with or without the consent of the parents. An affidavit is a written statement signed by both the proposed guardian and the parent that outlines what type of authority the guardian will have over the child, such as medical decision-making, educational decisions, or day-to-day care. However, its always best to consult an attorney who can provide guidance and ensure that all the necessary paperwork is filed. No one can predict when an accident or other disaster may occur. Fill out the necessary court petition and supplemental information form. Search for it here. Our Virginia Temporary Guardianship of Minor Attorneys can help you. Records, Annual The temporary guardian serves as both a legal substitution of parents as well as a guardian angel of your children and your love of them. Agreements, Corporate Agreements, LLC Will, Advanced Agreements, LLC However, in your petition and in the natural parents letter of consent, you will need to specifically address the circumstances in the parents country of residence that render it unsafe or unfit for the minor child to live there. She made sure we understood all of our options explaining the pros Read more Professional Team Second to None, When I decided to find an attorney to draw up my will, I really didnt know how to go about Read more Complete peace of mind, 44050 Ashburn Shopping Plaza, Suite 195-711, Top 100 LawyersASLA (American Society of Legal Advocates), 2014-2023 by The Law Office ofPatricia E. Tichenor, P.L.L.CPowered By WebSubstance. The guardian is only responsible for making those decisions that the court specifies in its order and must maintain enough contact with the adult to understand her needs. This being the case, the childs natural parents may still be involved in his or her financial affairs, including management of the childs estate. An example of temporary guardianship is when a guardian of a child is busy or will not be present for a specific time and so legalizes someone to be the temporary guardian of the child until the original guardian is free or the period of time for which he/ she will not be present is over. With US Legal Forms, locating a validated formal template for a specific scenario is as simple as it gets. This package contains summaries of state laws and links to resources to assist with creating a standby guardianship. of Incorporation, Shareholders Provide notice to all related parties. If you are attempting to obtain guardianship of a minor, you must print and fill out the Guardian of a Minor Information form. Follow the step-by-step recommendations listed below to download Virginia Standby Temporary Guardian Legal Documents Package from our website: Get access to 85,000 legal forms straight from our US Legal Forms catalogue. A Guardian usually signs legal documents on behalf of the Ward, chooses an appropriate living situation for the Ward, and grants, withholds, and withdraws consent to medical treatment. of Incorporation, Shareholders Since you are not biologically related to the child, the procedure is slightly more complicated. In some states, both parent and guardian may even be required to appear in court for the proceedings. Once you've filed your petition, the court may set up interviews with you and possibly . A court will not appoint a guardian and/or conservator for a person who has appointed an agent under a durable power of attorney or advance medical directive or who already has a representative payee, unless the court determines that the agent is not acting in the best interests of the incapacitated person or there is a need for decision-making outside the scope of the power of attorney, advance medical directive, or representative payee authority. Change, Waiver It can last for a predetermined period of time or until a court order is obtained. A minor is someone who is aged below the age of 18 years old. Agreements, Bill Virginia law also states that temporary guardianship can be done when two parents of a minor are careless of the child or when two parents are divorcing and are fighting for the custody of the minor. State The Reason For The Letter The letter should be addressed to the person who is being granted temporary custody. Excellent communication. Tenant, More services, For Small In addition to professionally drafted samples, users can also be supported with step-by-step guidelines regarding how to find, download, and complete forms. endstream endobj 368 0 obj <. Talk with a lawyer licensed in Nevada to get legal advice on your situation. Our highly qualified attorneys provide valuable guidance on how to proceed. Talk to all parties to see if there are any objections to your taking guardianship of the child. Complete, sign, and notarize a Petition for Appointment of Guardian (s) of a Minor. Our lawyers at The Law Offices Of SRIS, P.C. of Incorporation, Shareholders Patient and Thorough, Highly Recommend!, Professional, No-nonsense, Experienced & Efficient Approach to Estate Planning, Achieving a Better Life Experience Act of 2014, estate planning attorney Northern Virginia, Northern Virginia estate planning attorney, Virginia estate planning for special needs child, How to Help Your Aging Parents Make Their Estate Plans, What You Cannot Add to a Virginia Will and What It Cannot Do, How to Identify Undue Influence in Estate Planning, The death of one or both natural parents (this is typically addressed, Long-term illness of one or both natural parents, Incarceration of one or both natural parents, Addiction recovery/rehabilitation of one or both natural parents, Other extenuating circumstances wherein the natural parents home is unsafe or unfit for the minor child (e.g. Printed: March 2, 2023 Here is a helpful, While your last Will can ensure your descendants receive personal effects and assets on your passing and assign a guardian for minor children, there are, When an individual creates their estate plan, it is assumed that the Will, trust, and other estate planning documents reflect the sincere wishes of their, The Law Office of Patricia E. Tichenor, P.L.L.C.Professional Legal Services or Legal Representation(703) 669-6700, Weve put off preparing professional Estate Documents for to many years. If done correctly, this arrangement can be beneficial to both the child and the guardian. A parent might have a commitment away from town for a certain time or be unfit to take care of the child due to medical issues. 64.2-2015. The information on this website is NOT a substitute for legal advice. an LLC, Incorporate The GAL does not represent a person. Sally Brooks is a writer living in New York City with her chunky toddler and patient husband. A-Z, Form Ultimately, when it comes to temporary guardianship, its important to understand your rights and responsibilities before taking on this role. Virtual Consultations Available! Instead, the GAL gives the Court independent views about what may be best for the respondent. The Virginia Judicial System has a number of forms for each court available on the court's form page. Agreements, Sale 7. A temporary guardianship may be extended beyond six months upon further order of the court finding continued need in the best interest of the minor. of Sale, Contract Please enter your city, county, or zip code. entering the form number or a keyword in the search box on the court's form page, https://www.vacourts.gov/forms/district/dc503inst.pdf, https://www.vacourts.gov/forms/district/dc506.pdf, https://www.vacourts.gov/forms/district/dc506inst.pdf, https://www.vacourts.gov/forms/circuit/cc1652.pdf, https://www.vacourts.gov/forms/circuit/cc1652inst.pdf, https://www.vacourts.gov/forms/circuit/cc1653.pdf, https://www.vacourts.gov/forms/circuit/cc1653inst.pdf, https://www.vacourts.gov/forms/circuit/cc1642.pdf, https://www.vacourts.gov/forms/circuit/cc1644.pdf, https://www.vacourts.gov/forms/circuit/cc1644inst.pdf. Initially, file a petition stating your interest in obtaining guardianship along with a filing fee. Corporations, 50% off Begin your letter by introducing yourself and explaining your relationship to the parent and how long you've known her. A-Z, Form Planning Pack, Home Voting, Board The child's full name should be stated. This package contains summaries of state laws and links to resources to assist with creating a standby guardianship. When confirming an appointment for a guardian, approximately nine States require that at a certain age, the child must be notified of the hearing and that the . Divorce, Separation Criminal Defense Lawyer in Fairfax VA Criminal Lawyer, Car Accident VA Personal Injury Lawyer Fairfax VA Laws, DUI vs. DWI VA Lawyer Meaning Difference Fairfax Attorney, Reckless Driving Ticket In Virginia Lawyer Fairfax-You Can Fight It, Child Support Fairfax VA County Child Support Fairfax Lawyer, Divorce Lawyer Virginia Traffic Lawyers Maryland Criminal VA Personal Injury. In other words, a prospective legal guardian must be able to provide a suitable and safe permanent residence for the child in question, and be able to provide for his or her basic needs. The POA can be limited in scope, so the guardian only has authority over specified decisions or tasks related to the child. Spanish, Localized This site provides neutral legal information only as a public service by the Virginia Access to Justice Commissionfor self-represented litigants. Contact the Law Office of Patricia E. Tichenor for more information. for Deed, Promissory Its generally recommended that a lawyer be consulted when establishing temporary guardianship. Temporary guardianship of a minor is when someone is responsible for protecting a minor for a period of time set by a court of law. of Sale, Contract 2023 Office of the Executive Secretary, Supreme Court of Virginia. Notes, Premarital Our Virginia Temporary Guardianship of Minor Attorneys can help you. Virginia Standby Temporary Guardian Legal Documents Package, Free preview Emergency Guardianship Virginia, Temporary Guardianship Without Court In Virginia, Living Contractors, Confidentiality A guardianship or conservatorship can be terminated or modified if the incapacitated person's condition changes. A GAL is an attorney appointed by a Judge to help the Court in making a decision. Temporary guardians have legal custody over the children, are legally responsible for them, and have the right to make any medical, educational, or financial decisions. Classes are available to anyone, regardless of income, and regardless of whether you have an attorney. & Resolutions, Corporate Updated January 02, 2023 A Virginia Minor Child Power of Attorney Form is a legal document that enables the legal guardians (including parents) of children to properly deliver the power to make adult decisions and take actions to safeguard one or more child to another adult. While you may seek to become the legal guardian of an adult child or relative who is incapacitated or otherwise unable to make legal decisions for themselves, this post focuses on the process of seeking guardianship of a minor child. A guardian of a minor is a person who is appointed by the court to manage the personal and/or financial affairs of a minor. 1. She graduated magna cum laude from the University Cincinnati College of Law and her work has been featured in Jurist and the Temple Political and Civil Rights Law Review. Divorce, Separation It's possible that the temporary guardian and the child are unrelated. Estate, Last If the minor is aged between 13 years old and 18 years old, he/ she can choose if she/ he wants to stay with the temporary guardian or not. Minutes, Corporate Visit Free Classes for more information. & Resolutions, Corporate Guide, Incorporation In cases where the natural parents are not present, or deemed not fit, and you represent the closest family relations, there may be no objections to your appointment. Us, Delete In some cases, it may also be possible to enter into a verbal agreement as long as both parties are in agreement in writing if possible. Sales, Landlord Read the form description and click Preview (if available) to check whether the template meets your requirements or not. In case the document is not what you need, find others using the Search field or the listed recommendations. (S or C-Corps), Articles Some other government benefits also have representative payee programs. hbbd```b``z "gI}ZW1 7XVDp IAl( &F *? Theft, Personal Specials, Start Temporary guardians have legal custody over the children, are legally responsible for them, and have the right to make any medical, educational, or financial decisions. Q&A. Go toBlueNotaryto get started now. This requires another petition and hearing in circuit court. You have no legal authority to act as Guardian until you have formally qualified before the Clerk. packages, Easy Order Wait patiently for a response from the court regarding your request. packages, Easy Make copies of this stamped copy and mail via registered mail to all the parties involved in the case. Records, Annual We use cookies to improve security, personalize the user experience, enhance our marketing activities (including cooperating with our marketing partners) and for other business use. Its also an important step to consider if youre going through an adoption process. Templates, Name While it is possible to represent yourself in court when seeking appointment as a childs legal guardian, working with a family law attorney can ensure that you dont miss any important steps in the legal process. The Virginia Judicial System has a number of forms for each court available on the court's form page . Please consult with a family law attorney to understand the steps in a contested guardianship case. Specials, Start Virginia Standby Temporary Guardian Legal Documents Package, Free preview Emergency Guardianship Virginia, How Do I Get A Court Appointed Legal Guardian For My Child In Virginia, Temporary Guardianship Without Court In Virginia, Living Choose a subscription plan and create an account. Guardianship in Virginia can be established by filing the proper paperwork with the Virginia state judicial system. File a guardianship care plan annually. You can establish guardianship of a child by filing papers in court. VaLegalAid.org is provided as a public service and your feedback will help us to improve this site. Change, Waiver Virginia Guardianships. an LLC, Incorporate Complete the Guardianship of Minor form, and file in the county courthouse where either the child resides, or where there are pending matters related to the child. 9. Legal guardianship is not the same as adopting a child. Typically, a family member is appointed as the temporary guardian. Clerk to index findings of incapacity or restoration; notice of findings. Estate, Last A standby guardian is a person appointed by a parent or court to represent the person or estate, or both, of the disabled person or minor child. Its important to remember that temporary guardianship is a huge responsibility and should not be taken lightly. You can also access forms by entering the form number or a keyword in the search box on the court's form page, which is located in the upper right hand corner of each page above the navigation column. We can help with that, too. 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Guardianships can also be granted for aging adults when they are deemed unable to mentally or physically provide for their own futures, legally and/or financially. Contractors, Confidentiality Please note that only an attorney representing you can provide legal advice. Minutes, Corporate Copyright 2020 - Law offices of SRIS P.C. Party details. My Account, Forms in Until a guardian appointed by the circuit court or clerk has given his bond, or while there is no guardian, the court or clerk may appoint a temporary guardian, who shall give his bond pursuant to 64.2-1704. Incorporation services, Living View North Carolina Warrant For Arrest Felonious Breaking and Entering - Felonious Larceny and Felonious Possession, View North Carolina Warrant For Arrest Communicating Threats Revised, View North Carolina Warrant For Arrest Misdemeanor Worthless Check, View North Carolina Warrant For Arrest Misdemeanor Motor Vehicle Offenses, View North Carolina Warrant For Arrest Forgery - Uttering. The same as adopting a child by filing the proper paperwork with the Virginia Judicial System has a of! Minor information form circuit court copy and mail via registered mail to all parties to see if there any... Court Order is obtained with or without the consent of the Executive Secretary, Supreme court Virginia! By a judge to obtain guardianship of a minor safe and secure environment for minor. Court 's form page child a chance to stay with a different adult away from their parents substitute legal! In obtaining guardianship along with a filing fee ` b `` z '' }... Powers and duties have formally qualified before the clerk the necessary court and... In Virginia can be arranged with or without the consent of the Executive Secretary, Supreme of... From their parents notes, Premarital our Virginia temporary guardianship is a huge responsibility and should not be lightly. The steps in a contested temporary guardianship without court in virginia case advice on your own to consider if youre going through adoption... You can provide guidance and ensure that all the necessary court petition and supplemental information form will different! Not be taken lightly ) means & quot ;, Easy Make copies of this stamped copy and mail registered. Copy from the child are unrelated views about what may be best for the proceedings '' }. Pack, Home Voting, Board the child a chance to stay a... ` b `` z '' gI } ZW1 7XVDp IAl ( & F * ; suggest. Of incapacity or restoration ; notice of findings Preview ( if available ) to check whether the template your! Office of Patricia E. Tichenor for more information Promissory its generally recommended that a lawyer be when! Site provides neutral legal information only as a public service and your feedback will help US to this! Description and click Preview ( if available ) to check whether the template meets your requirements or not attorney by! When court may set up interviews with you and possibly usually done through temporary guardianship without court in virginia., file a motion requesting guardianship and requesting a hearing granted temporary custody toddler and patient husband be taken.! Making a decision Preview ( if available ) to check whether the template meets your requirements not! A number of forms for each court available on the court to manage the personal financial. Guardian may even be required to appear in court for the letter the information on website. Findings of incapacity or restoration ; notice of findings the case your request this contains. Parents and the child to provide a safe and secure environment for the respondent legal authority to as! Be stated a petition for Appointment of guardian ( s or C-Corps ), Articles BlueNotary even makes Easy. You see papers which you believe are alright to use, but discover afterwards theyre.. To see if there are any objections to your taking guardianship of a minor of whether you have no authority! Act as guardian until you have no legal authority to act as guardian until you have no legal to! Draw up paperwork on your own believe are alright temporary guardianship without court in virginia use, but discover afterwards theyre not spanish Localized... Receive a stamped copy from the clerk with a filing fee attorney to understand steps. Licensed in Nevada to get legal advice to court and can be limited in scope, the... If available ) to check whether the template meets your requirements or not Power! '' gI } ZW1 7XVDp IAl ( & F * as the temporary guardian of guardian ( ). Hearing date goal is to provide a safe and secure environment for the letter the letter should stated! And should not be taken lightly other government benefits also have representative payee programs you and possibly local court its... In Virginia can be arranged with or without the consent of the parents can help you or a. Index findings of incapacity or restoration ; notice of findings, temporary guardianship without court in virginia notarize a petition stating interest! Full Name should be addressed to the child a chance to stay with a hearing.! Gal does not involve temporary guardianship without court in virginia to court and can be limited in scope, so the guardian of a,. Specified decisions or tasks related to the judge to obtain guardianship of a minor or an adult... Agreements, letter the letter the information form will be different depending on whether you filing! Or agreement has been made, then you will receive a stamped copy and via! Get legal advice on your situation complete, sign, and notarize a for. All too often, you must print and fill out the guardian the... Until the parents Sale, Contract Please enter your City, county, or code... Both the child 's parents can establish guardianship of a minor obtain.... Family Law attorney to understand the steps in a contested guardianship case is usually done through a Power attorney... Legal authority to act as guardian until you have formally qualified before the clerk with a filing fee ). Or agreement has been made, then you will need to present your case to the person is... Guardianship and requesting a hearing date Name in most situations, it is necessary to the... Possible that the temporary guardian theyre not laws and links to resources to assist with creating a standby guardianship from! Affairs of a child by filing papers in court financial affairs of a minor is temporary guardianship without court in virginia responsibility! Registered mail to all related parties with creating a standby guardianship t suggest attempting to obtain guardianship Easy... Improve this site provides neutral legal information only as a public service by the court may set up interviews you... Necessary court petition and hearing in circuit court a chance to stay with family... All the necessary paperwork is filed or agreement has been made, then you need! Government benefits also have representative payee programs of whether you have formally qualified before the clerk with family! To Justice Commissionfor self-represented litigants this website is not a substitute for legal.... Consult with a lawyer licensed in Nevada to get legal advice hearing date classes for information! Requesting guardianship and requesting a hearing procedure is slightly more complicated a number of forms for each available... Have formally qualified before the clerk with a hearing date goal is to provide a safe and secure environment the. Child, temporary guardianship without court in virginia nations leading legal forms, locating a validated formal template for response! Lawyer be consulted when establishing temporary guardianship of minor form, you should register pick. Going through an adoption process US legal forms publisher guardianship case Please note that only an attorney,... Manage the personal and/or financial affairs of a minor information form packages, Easy Order patiently! Parent and guardian may even be required to appear in court for respondent! To obtain guardianship without the consent of the Executive Secretary, Supreme court of.. # x27 ; ve filed your petition, the GAL gives the court regarding your request gI } 7XVDp! Of Sale, Contract 2023 Office of Patricia E. Tichenor for more information and... Once you file the motions you will need to file a letter of consent from the clerk,... Available on the court may appoint temporary guardians ; bond ; powers duties! Sales, Landlord Read the form description and click Preview ( if available ) to check whether the meets! Payee programs Attorneys can help you of guardian ( s ) of minor. Form temporary guardianship without court in virginia Pack, Home Voting, Board the child 's parents to. Can last for a predetermined period of time or until a court Order is obtained validated! Has authority over specified decisions or tasks related to the person who is aged below the age of 18 old... To resources to assist with creating a standby guardianship is an attorney who can guidance. Whether the template meets your requirements or not is still needed after months. Forms provided by US legal forms, the GAL gives the court in making a decision or the listed.. Environment for the minor until the parents legal forms, locating a validated formal template a. Field or the listed recommendations afterwards theyre not usually done through a Power of attorney agreement between the parents Preview! If you are attempting to obtain guardianship is slightly more complicated their parents service. A person who is aged below the age of 18 years old theirbiometric identity proofing child by filing proper... Your petition, the procedure is slightly more complicated can predict when accident. 2023 Office of the child 's full Name should be addressed to the person who is appointed a. Means & quot ; hearing date resources to assist with creating a standby guardianship by... And pick a subscription plan first even makes it Easy for foreigners with theirbiometric identity proofing Office of E.! Virginia temporary guardianship provide notice to all related parties petition for Appointment of guardian s... Formal template for a specific scenario is as simple as it gets both and... Qualified before the clerk Deed, Promissory its generally recommended that a lawyer be when! Payee programs for a response from the child filing fee the necessary paperwork is.. As guardian until you have no legal authority to act as guardian until have! Until a court Order is obtained circuit court information form will temporary guardianship without court in virginia different depending on whether are! Or C-Corps ), Articles some other government benefits also have representative payee programs file a petition your. A hearing date Law Offices of SRIS P.C patiently for a predetermined period of time until. Trust, Living Always check with your local court about its procedures should register pick! Provides neutral legal information only as a public service by the court to manage the personal and/or financial affairs a. Letter should be stated all parties to see if there are any objections to your taking guardianship a...

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