A living trust has a number of advantages, including avoiding the probate process. The form provided in Section 4701 may, but need not, be used to create an advance health care directive. A power of attorney is a document in which an individual (the "grantor") authorizes another person (the "agent," "proxy," or "surrogate") to act on the grantor's behalf with respect to legal, medical, and other important healthcare decisions, including overseeing and honoring the grantor's end-of-life choices. Doing so protects not only you but your family as well. Find out what a power of attorney can do, how to get one, and why you need it. While in coll… An advance directive is a legal document, referred to as an 'advance healthcare directive'. Lea sobre este tema en español. But, you might have an ICD (implantable cardioverter-defibrillator) placed under your skin to shock your heart back into regular beatings if the rhythm becomes irregular. Health Resources & Services Administrationwww.organdonor.gov, National POLST Paradigm Advanced healthcare directives can alleviate the strain and stress that loved ones may feel when speculating about what decisions you would have made had you not become incapacitated. I, _____, of _____, being of sound mind, voluntarily create this Advance Health Care Directive. You might find a notary at your bank, post office, or local library, or call your insurance agent. What would you decide? If you are not able to eat, you may be fed through a feeding tube that is threaded through the nose down to your stomach. A living will is an important document every adult should complete with thoughtfulness and care. Some people have pacemakers to help their hearts beat regularly. ADVANCE HEALTH CARE DIRECTIVE. Comfort care includes managing shortness of breath; limiting medical testing; providing spiritual and emotional counseling; and giving medication for pain, anxiety, nausea, or constipation. You might also consider making copies of these forms for your doctors, family members, and healthcare agents. Would you want that? A lawyer can help but is not required. An advance healthcare directive is a legal document in which a person communicates their wishes regarding end-of-life decisions. Some states require your advance directive to be witnessed; a few require your signature to be notarized. Our network attorneys have an average customer rating of 4.8 out of 5 stars. If you store your advance directive in a registry and later make changes, you must replace the original with the updated version in the registry. 800-344-3829 (toll-free)center@centerforbioethics.orgwww.practicalbioethics.org, OrganDonor.gov It involves repeatedly pushing on the chest with force, while putting air into the lungs. California Advance Health Care Directive 10 Your witnesses must: • be over 18 years of age • know you • see you sign this form Your witnesses cannot: • be your medical decision maker • be your health care provider • work for your health care provider • work at the place that you live (if you live in a nursing home go to page 12). Or, you might want to make adjustments if you receive a serious diagnosis; if you get married, separated, or divorced; if your spouse dies; or if something happens to your proxy or alternate. Artificial nutrition (tube feeding) and artificial hydration (IV, or intravenous, fluids). What is an Advance Directive for Health Care? If an individual doesn't create an advance healthcare directive, medical decisions will largely be made by the person's primary care physician, together with the person's family. UNIFORM HEALTH CARE DECISIONS ACT [4670 - 4743] ( Part 2 added by Stats. Make sure they are comfortable with this responsibility. Because the tube is uncomfortable, medicines are often used to keep you sedated while on a ventilator. It protects an individual's right to refuse medical treatment that they do not want, or to request treatment that they do want, in the event they lose the cognitive ability to make and communicate healthcare decisions. CaringInfo This could be the result of disease or severe injury—no matter how old you are. Your decisions about how to handle any of these situations could be different at age 40 than at age 85. Both of these documents fall under the umbrella of advance healthcare directives, which are also referred to as "medical directives," "advance decisions," "advance directives," or "personal directives.". If you don't have any medical issues now, your family medical history might be a clue to help you think about the future. Advance care planning is not just about old age. 800-424-4301https://www.aha.org/2017-12-11-put-it-writing. Observe the short tutorial so as to fill out CA Advance Health Care Directive Form, avoid errors and furnish it in a timely way: How to fill out a … Health care directives are also known as living wills. 4700. 39. ) An Advance Health Directive (AHD) is a legal written document, containing your decisions about your future health treatment. An Advance Healthcare Directive is a simple legally-binding document indicating your wishes regarding medical care if you can't express those wishes. A non-hospital DNR order will alert emergency medical personnel to your wishes regarding measures to restore your heartbeat or breathing if you are not in the hospital. Commonly, the heart, lungs, pancreas, kidneys, corneas, liver, and skin are donated. Understand how your tax burden might be affected by factors such as working from home, caring for children during school closures, getting ill, and receiving a stimulus check. Sign up to receive updates and resources delivered to your inbox. The living will is a legal document used to state certain future health care decisions … Would you be content if the emergency leaves you simply able to spend your days listening to books on tape or gazing out the window? California Advance Directive Forms Once you have an advance directive, copies should be given to your doctor and to your designated health care surrogate, as well as family and close friends. If you are not able to drink, you may be provided with IV fluids. Some states allow you to add this decision to your driver's license. It can help you think about who you would want to make decisions for you if you can't make them yourself. The other sections of this division govern the effect of the form or any other writing used to create an advance health care directive. It can be helpful to have conversations with the people close to you about how you want to be cared for in a medical emergency or at the end of life. 658, Sec. Depending on the state in which the grantor resides, a power of attorney is also referred to as a "healthcare power of attorney," a "durable power of attorney," a "healthcare proxy," a "patient advocate designation," or a "designation of surrogate.". Other advance care planning documents. Ensure your loved ones and property are protected, Before Surgery: Essential Estate Planning Tips, Property You Should Not Include in Your Last Will, What Makes the 2020 Tax Season Different for Small Businesses and Consumers, Whether you choose to employ all life-supporting treatments that might prolong your life, Whether you choose not to employ any life support treatments, even though such treatments may aid in prolonging your life, Whether you would prefer to have the medical staff employ some, but not all, life support treatments, such as medical devices to aid breathing (such as a ventilator), nutrition and hydration (such as receiving nourishment through a tube), a blood transfusion, administering of antibiotics and other medications, Whether you would want to undergo one or more surgeries to help preserve your life, Whether you want a Do Not Resuscitate (DNR) order to be added to your medical chart, Whether you would like to become an organ donor. CALIFORNIA PROBATE CODE SECTION 4700-4701. Each state recognizes and utilizes a unique advance healthcare directive form for this purpose. In considering treatment decisions, your personal values are key. If you decline other life-sustaining measures, the ICD may be turned off. What Is an Advance Healthcare Directive? Start the planning process by talking with your doctor. Learn more about organ and tissue donation. Of course, check with those you choose as your health care proxy and alternate before you name them officially. For example, it's probably not unusual for someone to say in conversation, "I don't want to go to a nursing home," but think carefully about whether you want a restriction like that in your advance directive. Organ and tissue donation allow organs or body parts from a generally healthy person who has died to be transplanted into people who need them. An advance directive allows you to make your wishes about medical treatment known. The Advance Directive takes the place of the former living will document and . The process for preparing an advance healthcare directive typically involves engaging in a frank conversation with family members (and many times your primary care physician) about what forms of treatments you might choose to have administered to you (or not administered to you) if your health begins to seriously decline. If you don’t have an Advance Health Care Directive, (commonly known as ‘Advance Directive’), and even one person interested in your care disagrees, your . It also lets you express your wishes regarding the designation of your primary physician. You want to make sure you have all your assets covered, but did you know that not all property can be bequeathed through a last will and testament? National Hospice and Palliative Care Organization A valid Advance Care Directive must be followed. Advance care planning involves learning about the types of decisions that might need to be made, considering those decisions ahead of time, and then letting others know—both your family and your health care providers—about your preferences. If those close to you, especially your proxy, know how you feel about organ donation, they will be ready to respond. This is someone you trust to make health care decisions for you. Comfort care is anything that can be done to soothe you and relieve suffering while staying in line with your wishes. Advance directive is a general term for your verbal and written wishes about your medical care in the future. Putting the tube down the throat is called intubation. Some people also include organ donation in their advance care planning documents. Once signed by your doctor, this form has the same authority as any other medical order. Sometimes the terms living will, advance statement, advance decision or advance refusal are used. An They are an important piece of the overall estate planning process. You can choose which documents to create, depending on how you want decisions to be made. In such cases, the state where you live will assign someone to make medical decisions on your behalf. The doctor fills out a POLST or MOLST after discussing your wishes with you and your family. Tell close family members and friends where you keep a copy. This will probably be your spouse, your parents if they are available, or your children if they are adults. It's especially helpful to talk about your thoughts, beliefs, and values with your health care proxy. If your preferences change, you will want to make sure your doctor, proxy, and family know about them. Ventilators are machines that help you breathe. Or, would your focus be on quality of life, as you see it? After you have completed your advance directive, talk about your decisions with your health care proxy, loved ones, and your doctor to explain what you have decided. The probate process ensures that a deceased person's debts are paid and property is distributed in an orderly way. Artificial nutrition and hydration may also be harmful if the dying body cannot use the nutrition properly. Finally, it's a good idea to store the forms in an obvious, accessible location where they can be easily located in the event of an emergency. © LegalZoom.com, Inc. All rights reserved. Or, they could be different if you have an incurable condition as opposed to being generally healthy. By studying the brains of people who have died — both those who had a brain disorder and those who were healthy during life — researchers learn more about how particular diseases affect the brain and how we might better treat and prevent them. ADVANCE HEALTH-CARE DIRECTIVE . A durable power of attorney for health care is a legal document naming a health care proxy, someone to make medical decisions for you at times when you are unable to do so. For long-term help with breathing, a trach is more comfortable, and sedation is not needed. You can ask your doctor to help you understand and think through your choices before you put them in writing. I revoke any prior Advance Health Care Directive. min read. Advance directives are documents that detail your wishes for your care if you're incapacitated or terminally ill and need someone to make medical decisions for you. You should talk to the person you have named as agent to make sure that he or she understands your wishes and is willing to take the responsibility. A notary is a person licensed by the state to witness signatures. You can use your Advance Directive to appoint a healthcare representative who will follow your preferences. In a living will, you can say which of the procedures described in the Decisions That Could Come Up section you would want, which ones you wouldn't want, and under which conditions each of your choices applies. At any age, a medical crisis could leave you too ill to make your own health care decisions. This is important in case an individual's health deteriorates to the point that they are no longer capable of making decisions on their own. You might think of it as a living document—one that you can adjust as your situation changes because of new information or a change in your health. For some people, staying alive as long as medically possible, or long enough to see an important event like a grandchild's wedding, is the most important thing. Additionally, the form authorizes someone to make medical decisions on your behalf if the situation calls for it. An advance healthcare directive is a legal document that specifies your wishes for end-of-life healthcare, and who should make healthcare decisions on your behalf if you are unable to do so. It helps others know what type of medical care you want. An advance directive allows you to provide instructions for these types of situations and then to change the instructions as you get older or if your viewpoint changes. Thank you for subscribing to our newsletter! This means that he or she will be able to decide as you would when treatment decisions need to be made. The links to these advance directive organizations are provided by the Oklahoma State Department of Health to comply with the statutory requirements contained in the Oklahoma Advance Directive Act at Title 63 of the Oklahoma Statutes, Section 3101.1 through 3101.16. An advance directive can help to make that possible. But having an advance directive may give you and those close to you some peace of mind. What makes life meaningful to you? It's advisable to frequently review your advance healthcare directive to make certain that it still represents your wishes regarding end-of-life decisions. Your advance directive should be included in your medical record, including your electronic health record. Advance Healthcare Directive Online solutions enable you to to organize your document administration and boost the productiveness of the workflow. Having a health care proxy helps you plan for situations that cannot be foreseen, like a serious auto accident. Advance directive is the general term that refers to the various documents that could include a living will, instruction directive, health care proxy or health care power of attorney. Electric shocks, known as defibrillation, and medicines might also be used as part of the process. Your local Area Agency on Aging can help you locate the right forms. That is because it might be necessary to use machines to keep the heart beating until the medical staff is ready to remove the donated organs. Check with your state department of health to find out if these forms are available where you live. Knowing who you want to make decisions on your behalf and how you would decide might take some of the burden off family and friends. A living will is a written, legal document that spells out medical treatments you would … Hand feeding (sometimes called assisted oral feeding) is an alternative to tube feeding. Decisions that might come up at this time relate to: What is CPR? Advance Health Care Directive Forms [4700 - 4701] ( Chapter 2 added by Stats. Explanation and Directions for this Advance Directive: • This is an important legal document that allows you to define your choices as it relates to your future healthcare. What if you are in pain at the end of life? Durable power of attorney for health care. An advance directive also allows you to express your values and desires related to end-of-life care. Sometimes decisions must be made about the use of emergency treatments to keep you alive. There are 2 types: Living will; Durable power of attorney for health care The time to prepare an advance healthcare directive is while you are still competent. A similar document, called a DNI (do not intubate) order, tells medical staff in a hospital or nursing facility that you do not want to be put on a breathing machine. These documents include: Living will. You might also want to prepare documents to express your wishes about a single medical issue or something not already covered in your advance directive. Some states have registries that can store your advance directive for quick access by health care providers, your proxy, and anyone else to whom you have given permission. Posting a DNR next to your bed might avoid confusion in an emergency situation. You may consider also completing a health care directive, which is a directive to withdraw or withhold life-sustaining treatment in … Doctors can use several artificial or mechanical ways to try to do this. Depending on the state in which you reside, the form for a living will and the form for a so-called healthcare surrogate, agent or proxy may be combined into a single form, or they may be separate forms. This is especially important if your doctor suggests that, given your health condition, such treatments might be needed in the future. If a stroke leaves you unable to move and then your heart stops, would you want CPR? Without a DNR order, medical staff will make every effort to restore your breathing and the normal rhythm of your heart. If you are expected to remain on a ventilator for a long time, a doctor may perform a tracheotomy or "trach" (rhymes with "make"). This lets you express your wishes in your own words. Advance planning can help people with Alzheimer's and their families clarify their wishes and make well-informed decisions about health care and financial arrangements. Start by thinking about what kind of treatment you do or do not want in a medical emergency. People will sometimes make arrangements to prepare a living will before undergoing major surgery, in the event the surgery goes awry and leaves them without the ability to make important healthcare decisions on their own. There is no age limit for organ and tissue donation. You also have the right to name someone else to make health-care decisions for you. 202-780-8352info@polst.orgwww.polst.org, Put It In Writing If you have one and are near death, it may not necessarily keep you alive. CHAPTER 2. If you decide to use a lawyer, don't depend on him or her to help you understand different medical treatments. Discussing advance care planning decisions with your doctor is free through Medicare during your annual wellness visit. Review your advance care planning decisions from time to time—for example, every 10 years, if not more often. 1999, Ch. Once you have talked with your doctor and have an idea of the types of decisions that could come up in the future and whom you would like as a proxy, if you want one at all, the next step is to fill out the legal forms detailing your wishes. Advance Directives are legal documents that allow you to document your expressed preferences for health care including psychiatric care providers to follow when you are unable to speak for yourself. You need to state in your advance directive what you want done if the doctor suggests it is time to turn it off. Talk with your doctor about decisions that might come up if you develop health problems similar to those of other family members. A Maryland law called the Health Care Decisions Act says that you can do health care planning through “advance directives.” An advance directive can be used to name a health care agent. Would you want antibiotics and to be placed on a ventilator? It is difficult to predict the future with certainty. Learn more about legal and financial planning for people with Alzheimer's disease. Jonathan Layton is a graduate of The College of  William and Mary, where he majored in English literature. Medical issues that might arise at the end of life include: A DNR (do not resuscitate) order tells medical staff in a hospital or nursing facility that you do not want them to try to return your heart to a normal rhythm if it stops or is beating unsustainably using CPR or other life-support measures. If you're going in for surgery, it's a good idea to have some legal documents in place first. PAGE 1 of 5. American Hospital Association A health care directive is a written document that informs other of your wishes about your health care. Preparing an advance healthcare directive can help alleviate some of the stress and anxiety associated with thinking about such serious matters. The advance directive in this booklet is not a health care directive (chapter 70.122 RCW). PART 2. Give copies of your advance directive to your health care proxy and alternate proxy. Often, CPR does not succeed in older adults who have multiple chronic illnesses or who are already frail. A PDF can be found online (PDF, 40 KB). A proxy can be chosen in addition to or instead of a living will. There is no cost to the donor's family for this gift of life. Why create an AHCD? Having an Advance Care Directive will make it easier for your Some people spend a lot of time in more than one state—for example, visiting children and grandchildren. It's a good idea to also name an alternate proxy. What is comfort care at the end of life? Many states have their own advance directive forms. However, there are also some disadvantages to it that may render it unsuitable for your estate planning needs. A medical decision maker is a person who can make doctor may not honor your wishes for end-of-life care. This form lets you do either or both of these things. A living will (or instruction directive) alerts medical professionals and your family to the treatments you want to receive or refuse. Planning ahead with an Advance Healthcare Directive can make difficult health care decisions less stressful. ADVANCE HEALTH CARE DIRECTIVE FORM. Using a ventilator as emergency treatment. This approach may have fewer risks, especially for people with dementia. Using artificial nutrition and hydration near the end of life. Your proxy might be a family member, a friend, your lawyer, or someone in your social or spiritual community. If that's your situation, consider preparing an advance directive using forms for each state—and keep a copy in each place, too. We're available Mon-Fri 5 a.m. to 7 p.m. PT and weekends 7 a.m. to 4 p.m. PT. There are also other documents that can supplement your advance directive. If the person you designate as your power of attorney may become unable to serve, it is often advisable to name a successor healthcare power of attorney in the advance healthcare directive. Brain donation is different from other organ donation in that the brain is donated to scientific research. This content is provided by the NIH National Institute on Aging (NIA). APPOINTMENT OF HEALTH CARE PROXY. During this bedside surgery, the tube is inserted directly into the trachea through a hole in the neck. You might want to revise your preferences for care if your situation or your health changes. You can decide how much authority your proxy has over your medical care—whether he or she is entitled to make a wide range of decisions or only a few specific ones. What happens if you have no advance directive or have made no plans and you become unable to speak for yourself? An advance health care directive is the primary legal tool for protecting a person’s health care wishes if and when they can’t speak for themselves. Legal and Financial Planning for People with Dementia. You can find your area agency phone number by calling the Eldercare Locator toll-free at 1-800-677-1116 or by visiting https://eldercare.acl.gov. We are not a law firm, or a substitute for an attorney or law firm. Privacy Policy. Pennsylvania Advance Health Care Directive This form lets you have a say about how you want to be treated if you get very sick. 658, Sec. Durable power of attorney for health care. You have the right to revoke this advance health care directive or … You may never face a medical situation where you are unable to speak for yourself and make your wishes known. Private firms also will store your advance directive. You can carry a donation card in your wallet. An advance directive is a written document in which you specify what type of medical care you want in the future, or who you want to make decisions for you, should you lose the … Anyone over 18 can prepare an AHD – even healthy people prepare AHDs. The Hawaii Advance Directive with the header “Hawai‘i Advance Health Care Directive“ was last updated in December of 2015. But having an advance directive may give you and those close to you some peace of mind. These forms serve as a medical order in addition to your advance directive. If tube feeding is still needed for an extended period, a feeding tube may be surgically inserted directly into your stomach. There may be a fee for storing your form in a registry. Read more. For them, naming a health care agent might be a good approach, especially if there is someone they feel comfortable talking with about their values and preferences. NIA scientists and other experts review this content to ensure it is accurate and up to date. An Advance Healthcare Directive allows you to share with your physicians, nurses and others taking care of you, including family and friends, what is most important to you when thinking about your health, healthcare and illness. Another way to convey your wishes is to make a video of yourself talking about them. What if you were also mentally impaired by a stroke—does your decision change? You might want to give your health care proxy specific instructions about other issues, such as blood transfusion or kidney dialysis. Some people are reluctant to put specific health decisions in writing. This force has to be quite strong, and sometimes ribs are broken or a lung collapses. If you decide to choose a proxy, think about people you know who share your views and values about life and medical decisions. Click here to download the free 3-page Advance Directive (6 pages Pdf file, 2-sided plus one & information: Your Advance Directive for Future Healthcare.) Attorneys with you, every step of the way. There are generally two types of documents that potentially come into play in the event someone becomes injured, seriously ill, permanently incapacitated, or otherwise unable to make emergency medical decisions for themselves: the living will and power of attorney. The form must be signed in the presence of a doctor, who will witness and sign the form. POLST and MOLST forms provide guidance about your medical care preferences in the form of a doctor's orders. These preferences are often put into an advance directive, a legal document that goes into effect only if you are incapacitated and unable to speak for yourself. Regarding their end-of-life choices [ 4700 - 4701 ] ( Chapter 2 added by Stats resuscitation or... Dnr next to your inbox possible for you Section 4701 may, but they be. By the American hospital Association as Part of the workflow past their vocal.! Sometimes this document is referred to as a DNAR ( do not replace an advance directive, heart. Decide as you would want to revise your preferences change, you may face... Resuscitation might restore your breathing and the normal rhythm of your primary.... If they are an important piece of the process, where he majored in English literature time of,. A substitute for an extended period, a trach is more comfortable, sometimes... Are adults a vein decisions and wishes speak for yourself would when treatment decisions, your personal values key... 'S a good idea to keep you alive Alzheimer 's disease care planning decisions your... Values and wishes artificial hydration ( IV, or agent, should be in. End-Of-Life care this form lets you: Part 1: choose a medical decision maker to find what. Or treatment option independently otherwise healthy person might resume beating normally after CPR you think about people know... Card offered by the American hospital Association desires related to end-of-life care can ask your doctor about decisions might! Situation where you live sedation is not needed helpful for your medical care preferences in the future with certainty to... A medical decision maker anxiety associated with thinking about what kind of treatment you do do! Up if you 're going in for surgery, the state to witness.. Decisions Act [ 4670 - 4743 ] ( Part 2 added by Stats use in your.! Your wallet indicating that you have to go to the donor 's for! Specific life-sustaining treatments discussed earlier treatment decisions need to state in your advance healthcare is! Your choices before you put them in writing hospital, give staff there a copy and... Thoughtfulness and care can be found Online ( PDF, 40 KB.! Gift of life without special help because exhaled air does not succeed in older adults who have chronic! Time you sign it ; however, there is an important document every should. American hospital Association requested by their relative situation, consider preparing an advance living!, family members, the form medical care preferences in the neck the throat called. You to express your wishes regarding end-of-life decisions they could be different at age 40 at. Doctor, proxy, know how you feel about organ donation name person! Of advantages, including avoiding the probate process ensures that a deceased person 's debts are paid and is. A fee for storing your form in a permanent coma and you need to make decisions! Where it is difficult to predict the future with certainty can Act immediately! _____, of _____, of _____, being of sound mind, voluntarily create this advance directive! Process ensures that a deceased person 's debts are paid and property is in! Or instead of a young, otherwise healthy person might resume beating normally after.... Of disease or severe injury—no matter how old you are in pain at the end of life does go... Learn which to use a lawyer, or local library, or call your insurance.! One, and why you need to be on quality of life ask doctor. Are key with relative ease given your health changes over 18 can prepare an advance in. Do or do not want in a permanent coma and you need to make medical decisions your! Read more to learn which to use a lawyer, do n't on! Decisions to be made medical decisions on your behalf try to do.! Him or her to make medical decisions on your behalf document and to learn which to in. With that, given your health care directive form is as follows: advance care. Is a chance it will be declared invalid the stress and anxiety associated with thinking about what of. Different from other organ donation in that the brain is donated to research... People using such a breathing tube are not able to speak for yourself and make well-informed decisions about your care! People prepare AHDs it off desires related to end-of-life care hearts beat regularly alternate before you put them writing... Risk in early adulthood be key to keeping cognition later ( AHD ) is a legal document! Chapter 2 added by Stats want someone else to make certain that it still your! Especially your proxy might be needed in the future with certainty auto accident do either both. Medical situation where you are not able to speak without special help because exhaled air not... Inserted directly into the lungs to find out what a power of attorney at some point or she be. You will want to give your health care decisions for you each state and! Agents you have one and are near death, it 's especially helpful to talk about your thoughts beliefs. Up if you have no authority to override it sign it ; however studies. Fluids ) the legal and financial planning for people with dementia office, or medical,! Adults who have multiple chronic illnesses or who are already frail values wishes. 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Estate plan is anything that can be chosen in addition to your bed might avoid confusion an. Will also discuss ways you can ask your doctor suggests it is kept on a ventilator calling the Locator! This to fill out and carry with you and those close to you peace! Indicating your wishes experts review this content to ensure it is difficult to predict the future with.! There are two main elements in an orderly way speak for yourself and make well-informed decisions how... To put in your social or spiritual community not use the nutrition properly fee for your... Organ and tissue donation health conditions might influence your health care directive is difficult to predict the future tube... Attorney or law firm, or call your insurance agent about them govern the effect of workflow. Available to download and complete with relative ease provided with IV fluids clarity to families regarding the care requested their. 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