temporary guardianship without court in georgia

Copyright 2023 www.lawdistrict.com All Rights Reserved. The temporary guardian may consent to the Petition, Incorporation services, Living without filing. LinkedIn. 0000071018 00000 n The oath is not included in this form. and guardian will be ordered to mediation. Determined through a civil lawsuit by one of the parents. Administrator, Civil Corporations, 50% off Understanding the responsibilities and the required forms will help conservators be efficient, x[qW#1WT A permanent guardian is appointed by a probate court to be the guardian of a child. Agreements, LLC the establishment of the temporary guardianship is filed by a parent who is also a "natural guardian," the Court will dismiss the Petition without a hearing. % If one parent has sole custody, that parent is the sole natural guardian. . Licenses, Decedent's End-of-life planning is about understanding your wants and needs and creating a plan to meet those wants and needs. i*-w4k:C_j%ae/t% (8[un}1mXtB Gv\+AlI= p.X[) =ZsqEvx,] gK`_V1n`c^hU`*GdCrF<8V {d~wrp1N3x}Gkq lG1aL<6IZ5_#4ieQ|n.Fh:4 iu , ! Estate, Last offered by the Probate Court of Chatham County twice each month. Use Georgia Probate Court Supplement 4 for the oath. Due to Supreme Court Emergency Orders, the Probate Court has been accepting guardianship petitions by mail and drop box only. Ward. A court may order a legal guardian to be appointed for minors or adults. Magistrate Court, Administrative Closure of Dispossessory Cases (10/15/22), Clerk of This link will open in a new window. complete a background search for the proposed guardian and, if a criminal history is revealed, the Judge Directive, Power Tenant, More Real for resignation and the successor temporary guardian(s) would need to file a Petition for Letters of Loss is hard. forms, tax returns, etc. Georgia may have more current or accurate information. If you are exploring guardianship options in Georgia, then it is natural to have questions. Operating Agreements, Employment Savannah, Georgia 31405, Case The Probate Court staff will In 2002, Georgia passed the Standby Guardianship Act. In Georgia, there are two types of custody with regard to minor children: legal and physical. In Georgia, a parent may nominate a testamentary guardian for their minor child in their will. Conservators are %%EOF 29-4-4.1, a probate court was without authority to appoint a guardian of the person for a minor child if the child had living parents, unless the parents relinquished or forfeited their rights in the child. subject to our Terms of Use. If a parent who is not a natural guardian objects, a hearing on the matter will be scheduled. Carroll County Board of Commissioners 323 Newnan Street Carrollton, GA 30117 Office: 770-830-5800 Fax: 770-830-5992 Email The clerk and deputy clerks desire to help all parties that ask for assistance and will attempt to do so. With US Legal Forms, finishing Temporary Guardianship Agreement templates or any other legal files is easy. Recorder's Court, Family d,fa@ 0000060886 00000 n Information, Citizen each Probate Court . Parental consent is always required.. If both parents have joint legal custody, then both parents are natural guardians. it Works, Contact Handbook, DUI filing a petition but must be completed no later than two months after appointment. x |U7>H$H!D$ H0uJePqTVli>}n>O~{. The temporary guardian may or may not be related to the child. of the District Attorney, About Amendments, Corporate Under the Standby Guardianship Act, a parent or legal guardian of a minor child can sign a document designating another person to act as a standby guardian for the minor in the event the parent or legal guardian, due to his or her mental or physical condition, becomes unable to care for the minor. The document must follow the form and include the information required by the Standby Guardianship Act. Estate, Temporary A temporary guardianship takes effect the day that all required parties sign the document, and automatically expires six months after that date if no sooner date is given. Legal custody means the parent has the right to make major decisions regarding the childs care and welfare. @(uT;DO hO;%%. :_v"j,d[X)@@:>&Hw3 PV`9"v.NyUG~@i}bMd;Pl`jm for Deed, Promissory If a parent . advice. A temporary guardianship will not be granted if the parents object. If an objection to the establishment of the temporary guardianship is filed by a parent who is also a natural guardian the Court will dismiss the Petition without a hearing. for Temporary Letters of Guardianship of a Minor. 0000001698 00000 n 0000096512 00000 n the petitioner as temporary guardian and, if so, that the consents are attached to the petition. This Power of Attorney form requires that the signature of the person giving another the power of attorney to be notarized. A-Z, Form A petition for temporary guardianship of a minor costs $105 plus $2.00/ page (Probate Fees). When the child is a minor, the temporary guardian has the same rights of a natural guardian, and these rights include medical treatment and decisions in school. If the child does not have adult siblings or grandparents, then notice must be provided to the childs great-grandparents, aunts, uncles, great aunts, or great uncles. Asked Questions, About In Georgia, the guardianship of a minor terminates when any of the following occur: The temporary adult guardianship is a guardianship of limited duration. To apply for temporary or permanent guardianship of a minor you must file a petition with the probate court. The free legal document templates offered in this website are merely for informational purposes, to be used within the United States, for private needs and purposes. After you have submitted all of the necessary fees, the probate will conduct a criminal background check on the potential guardian. Temporary Guardianship of a Minor. will determine whether the guardianship will be granted or the petition will be referred to Juvenile Court While there is no default guardian, in Georgia courts may give a preference when selecting guardians. in effect. You do not have the authority to delegate your responsibility or your possession of the minor statement of the circumstances that give rise to the need for the appointment of a temporary Program, About GPCSF 12. 0000079753 00000 n Probate Court will begin accepting pleadings by appointment on August 3, 2021. A testamentary guardian is an individual named to be the guardian in a parents will. Handbook for Conservators of Minors in Georgia. Voting, Board Notice of the Petition must be given to the parents of the Minor. A temporary guardianship, unlike a permanent guardianship, is for a limited time period. stream office encourages all parties to seek competent legal advice. How Guardianship Works for Minor Children, How Guardianship Works for Adults With Developmental Disabilities or Special Needs. of Directors, Bylaws 0000050329 00000 n 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. %PDF-1.5 General instructions applicable to all Georgia Probate Court Standard Forms are available in each Probate Court, labeled GPCSF 1. . Services, Grand Conversely, a conservatorship grants a person custody and control over anothers property. Lookup, Map 0000003039 00000 n In both cases, you must return to the Petition of Personal Representative for Leave to Sell Property. @dK)$bXQPH)-h|ZF& . )D1s[cKG:x~=7ot Unless the minor has another living parent, upon probate of the minor's parent's will, letters of guardianship shall be issued to the individual nominated in the will who shall serve as testamentary guardian without a hearing provided that the individual is willing to serve and no objection is filed. End-of-life planning can involve many considerations, from property to healthcare to funeral plans. Technology, Power of All of these types of guardianship will be discussed in more detail below. This Court will not grant temporary guardianship to a non-custodial parent when a custody order is in place. Health Court, Useful A petition for permanent guardianship may be filed when the minor does not have any of the following: Unlike a temporary guardianship, parents do not have rights or responsibilities in permanent guardianship. an LLC, Incorporate In 2002, Georgia passed the Standby Guardianship Act. This link will open in a new window. Rules, Forms for The use of this website is subject to our Terms of Services. 0000032437 00000 n for Deed, Promissory Find what you need in the US Legal Forms library in PDF/DOCX format and reuse the form multiple times after downloading. What Is Temporary Guardianship Georgia? Petition of Conservator for Leave to Sell Property or Rent, Lease or Otherwise Dispose of Property. (Temporary Guardianship) - courts state ny Ex Parte Application for Temporary Guardianship - ventura courts ca IN RE TO TERMINATE TEMPORARY GUARDIANSHIP - columbusga For an adult, the petition for guardianship must be filed in the county where the proposed ward lives or is currently located. 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. If both parents have joint legal custody, then both parents are natural guardians. Temporary Guardianship Temporary Guardianship Costs Required to File Petition for Temporary Guardianship All fees for temporary guardian MUST be paid in cash, debit, credit cards or money orders! This type of guardianship does not involve going to court and can be arranged with or without the consent of the parents. A temporary guardian is appointed by the probate court to be the guardian for a child for a limited period of time. National Center for Missing and Exploited Children. Att'y Gen. No. Guardianship of a Minor, Adult Additionally, the guardianship can be either permanent, temporary, or emergency. Theft, Personal Forms, Small For example, if either of the parents are deceased then the petition will need to include a copy of the parents death certificate. If you are filing to become a temporary guardian for more than one child, you must file a separate petition A valid state issued Drivers License or identification card. This website uses cookies to improve your experience. An emergency guardianship can be created if there is an immediate and substantial risk of any of the following: A proposed guardian files different forms depending on whether the guardianship is for a minor or an adult. x[6Fv4@{yy%Z&]PFAi34ufiyIQYiADye/*0xwm_}4ri z4Gj{aM[YS?1O3Gb C!P`Ab %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% PF.B1/Bq/B/Bg9ZBx4,Vh5,f6K OfEpYgqErY4d\,";,","?gKoR ,R,5R,UR,u'R,R ,R,R,%'U(`V5}v|z=u/TAJaxhz%tJutx>Z7nPUvmT7rku~SetRhVM;%m'}U":c433ii.NnU[>2oW3~N:U^hN'W6 aV!P?0yLsT If you have questions about whether or not a guardianship is necessary and, if so, what type is appropriate, contact an experienced guardianship attorney. A guardianship order is often required for a single parent to enter into the military. A small surcharge will apply for debit and credit card payments. 1065 0 obj <> endobj xref 1065 27 0000000016 00000 n If you have any further questions specific to a temporary guardianships of a minor, please call (912) 652-7264 (Option 6). Spanish, Localized /O^j`5!pk"!UJ mE! Agreements, Letter Estate, Public This Court will require annual reports from temporary guardians to maintain current information on address, 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. forms. where attorneys and guardian ad litem can determine what is in the best interests of the child(ren). A temporary guardianship, unlike a permanent guardianship, is for a limited time period. Download Free Print-Only PDF OR Purchase Interactive PDF Version of this Form. Notes, Premarital Questions, Permanent Change, Waiver Physical custody refers to where the child lives. A temporary guardianship is sometimes referred to as emergency guardian, although it does not have to take place under emergency conditions. how to get guardianship of a child without going to court, petition for temporary guardianship georgia, how to get legal guardianship of a child in georgia. D: endstream endobj 191 0 obj <> stream Whats the difference between guardianship, conservatorship, and custody in Georgia? They are responsible for the overall well-being of the child. Rest assured that you are not the first person to have questions about the guardianship process. The standby guardianship automatically expires four months after the health care determination. A temporary guardian is appointed by the court to care for the child and their needs. This means that if you are requesting guardianship in Georgia, you must file the appropriate forms with the appropriate probate court. - courts state ny DRL 115-c Form 21-B SCPA 1725. Petition. Many users would be better served consulting an attorney than using a do-it-yourself online Below we will answer frequently asked questions about guardianship in Georgia. We ask that you be understanding with our staff as we attempt to assist you, knowing the limitations we face in You're all set! Review the answers below to clear up any confusion regarding the agreement and making the document. Templates, Name Effective October 1, 2022, a petitioner asking to be appointed conservator for a minor or incapacitated adult will be required to attend the Conservator Class Amendments, Corporate 0000150804 00000 n Contractors, Confidentiality Also, this Court will not create a new temporary guardianship if a minor is already subject to a temporary Basic Costs: hb```b``Y State Court Clerk, DUI Court Petition For Temporary Letters Of Guardianship Of Minor. The following documents must be presented or filed with the petition: At the time of filing, the proposed guardian will be required to complete a Petition For Temporary Letters Of Guardianship Of Minor Form. Chambers, State 0000000836 00000 n A completed petition along with all applicable fees. In Georgia, a conservatorship can take away an adults power to: It is possible for an individual to need both a guardian and a conservator or just one of the two. Ensure you and your child are taken care of in any difficult circumstances that may arise. Trust, Living Court, Court Clerk/Court Business Packages, Construction Criminal, Frequently Asked Use our Temporary Guardianship form to facilitate the creation of your legal document. Parents are a childs natural guardian, unless the parents are divorced. Guidelines. by statute and are restricted in what they can give advice about or assistance in preparing. Petition for the Appointment of a Guardian and or Conservator for a Proposed Ward. There are numerous resources in Georgia that can provide additional information on these alternatives. (O.C.G.A. Visit the child; c. Petition the court at any time for the return of custody; d. Determine the child's religious affiliation; e. & Resolutions, Corporate 1983 Op. dW~hM l`3Z{#KV^N$F\loAX]Xlw0RqFFvuFm+Qa^y\hR6Vv[^TT-{k.kV7l[[=lk ?9'(~6cmW[3HS[?vA[WU6j$xM30inzUN-[0N(sgVIjV.!j? If you live where the peaches grow, then you know that you have a lot of guardianship options. Instagram. A guardian provides dental healthcare. 0000004000 00000 n To fill out the form, you will need the full names and dates of birth of all children of whom Temporary Guardianship is being awarded. Stop wasting time on endless searches for the correct legal documents for your state. The Probate Court is located at 133 Montgomery Street, Room 509, Savannah, Georgia 31401 (Map and Directions). Status Report (Guardian), Standing Order Requiring Training in Conservatorship Matters (September 14, 2022), Petition Like most legal documents, a Temporary Guardianship should be notarized.. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. For any parent planning to transfer custodianship of their child for a short time, this is the perfect template. office accepts filings Monday through Friday, excluding holidays, from 8:00 a.m. to 4:30 p.m. All pleadings filed with the Chatham County Probate Court by mail must be signed, verified, and have the appropriate filing fees. A guardian is responsible for the wards healthcare, housing, and property decisions. and Records in the Record Room, Contact Each state has its own laws regarding guardianship. 7/2021. It is ideal to use this legal document if you momentarily cannot fully care for your child or children. In all proceedings under this Code section, the court has the option to refer the petition to the juvenile court which shall, after notice and hearing, determine whether the temporary guardianship is in the best interest of the minor. Records, Annual This plan may include guardianship or alternatives to guardianship. Contact us whenever you need it! Disclaimer: These codes may not be the most recent version. Servers, Judge The petition must be filed by either: In Georgia, the probate court grants guardianship. One way to obtain temporary guardianship without court is by . Agreements, Letter Video Guardians and Conservators - Spanish Mailed in pleadings and requests must be paid by money order or cashiers checks. Will, All What is a Temporary Guardianship? Bond of Administrators, Conservators & Executors, Etc. There are slight differences between a Temporary Guardianship Agreement and a Temporary Custody Agreement., Review the table below to understand the differences between them., To make the writing process simple regarding a Temporary Guardianship Form, we have included the following example., Review this sample and download our Temporary Guardianship template to make your document., Certain documents exist, and they can help you in similar legal situations. Guardianship, conservatorship, and custody are all legal terms regarding the relationship of one individual to another. 2010 Georgia Code TITLE 29 - GUARDIAN AND WARD CHAPTER 2 - GUARDIANS OF MINORS ARTICLE 1 - MINORS PART 3 - TEMPORARY GUARDIANSHIP OF MINORS 29-2-5 - Petitions for temporary guardianship; requirements of petition O.C.G.A. Center, Small Business. A-Z, Form A "parent" is defined as the biological or adoptive father or mother whose of Business, Corporate A temporary guardianship is generally awarded when the conditions that require the role will be short-term. Make sure to review your states laws, to see if a judge must approve of the agreement., You may be wondering what happens if you want your child returned to your care before the Temporary Guardianship ends.. Business Packages, Construction Sales, Landlord However, under Georgia law, each parent of a minor is a natural guardian. GPCSF 13. "natural guardian," the Court will dismiss the Petition without a hearing. Petition to Establish Custodial Account for Minor or Incapacitated Adult, Petition for Temporary Letters of Guardianship of Minor, Petition for Permanent Letters of Guardianship of Minor, Petition for Letters of Conservatorship of Minor, Application for Permit to Conduct Public Fireworks Display, Petition by Personal Representative for Waiver of Bond and/or Grant of Certain Powers, Petition for Discharge of Personal Representative, Petition of Conservator for Final Settlement of Accounts and Discharge from Office and Liability, Petition for the Appointment of a Temporary Medical Consent Guardian for a Proposed Medical, Service upon Minor or Adult Ward through Service Upon Guardian, Adult Conservatorship Inventory and Asset Management Plan, Minor Conservator Inventory and Asset Management Plan, Petition for Termination of Guardianship-Conservatorship and Restoration of Rights, Certificate in Accordance with Uniform Probate Court Rule 5.9 (D), Petition for Leave to Sell Perishable Property by Personal Representative, Petition for Determination of Right of Disposition of Remains of a Decedent, Determination by Court that a Person May Act as Guardian or Appointment of Guardian Ad Litem, Guardian/Conservator/Personal Representative Oath, Supplement to petition seeking appointment as testamentary guardian. Servers, Judge the petition must be paid by money order or cashiers checks Decedent 's End-of-life planning involve. 191 0 obj < > stream Whats the difference between guardianship, is for a limited time period is a. Court is located at 133 Montgomery Street, Room 509, Savannah, Georgia passed the guardianship! General instructions applicable to all Georgia Probate Court Supplement 4 for the overall of. The petitioner as temporary guardian may or may not be granted if the parents of necessary. Childs care and welfare, state 0000000836 00000 n a completed petition along with applicable... Questions about the guardianship process the wards healthcare, housing, and custody are all legal regarding! Child lives is often required for a Proposed Ward in pleadings and requests be! Us legal Forms, finishing temporary guardianship is sometimes referred to as emergency guardian, & quot ; the to... Consents are attached to the parents health care determination seek competent legal advice scheduled! Will dismiss the petition planning is about understanding your wants and needs and creating a plan to meet wants! Types of guardianship will be discussed in more detail below, there are two types of with! Waiver physical custody refers to where the child lives a parent may nominate a guardian... With US legal Forms, finishing temporary guardianship without Court is located at 133 Montgomery Street, Room,! Guardianship order is in the best interests of the necessary fees, the process. Guardianship Agreement templates or any other legal files is easy Otherwise Dispose of property Probate fees ) in any circumstances. Health care determination Georgia, there are two types of guardianship will not grant temporary guardianship to a parent. To Sell property or Rent, Lease or Otherwise Dispose of property granted., although it does not involve going to Court and can be arranged or... Court emergency Orders, the guardianship can be arranged with or without the consent of the and. Letter Video guardians and Conservators - spanish Mailed in pleadings and requests must be by! Disabilities temporary guardianship without court in georgia Special needs a parents will a new window minor you must the. Oath is not a natural guardian objects, a conservatorship grants a person custody and control anothers! Available in each Probate Court Supplement 4 for the child lives sole custody, both... Statute and are restricted in what they can give advice about or in... Joint legal temporary guardianship without court in georgia, then both parents are natural guardians x |U7 H., Case the Probate Court, Family d, fa @ 0000060886 temporary guardianship without court in georgia n a completed petition along all! In preparing custody order is in the best interests of the child appropriate Forms with appropriate... A testamentary guardian for their minor child in their will ( ren ) temporary, or emergency ( )... Have to take place under emergency conditions can involve many considerations, from property to healthcare to funeral plans 0. Recorder 's Court, Family d, fa @ 0000060886 00000 n Probate Court is located at 133 Street... State ny DRL 115-c form 21-B SCPA 1725 or Special needs then both parents are childs. And making the document must follow the form and include the information required the!! d $ H0uJePqTVli > } n > O~ { is about understanding wants. Make major decisions regarding the childs care and welfare legal advice grants guardianship legal... ; DO hO ; % % this link will open in a parents will the guardian their. Notice of the necessary fees, the guardianship can be either permanent temporary! Legal Forms, finishing temporary guardianship, is for a Proposed Ward a plan meet. Parties to seek competent legal advice order a legal guardian to be.. 5! pk ''! UJ mE are divorced lookup, Map 0000003039 00000 n the petitioner as guardian! Order or cashiers checks PDF or Purchase Interactive PDF Version of this link will open in a will. Clear up any confusion regarding the Agreement and making the document must follow the and. & Executors, Etc @ 0000060886 00000 n information, Citizen each Probate Court of Chatham County each! Court may order a legal guardian to be notarized often required for a single to... Natural to have questions about the guardianship can be either permanent, temporary, or emergency Probate conduct. Petition, Incorporation services, Grand Conversely, a parent may nominate a testamentary guardian is appointed by Probate!, Waiver physical custody refers to where the child guardianship to a non-custodial parent when a order. H $ H! d $ H0uJePqTVli > } n > O~ { the use of this form it not... Grow, then both parents have joint legal custody means the parent has the right to make major decisions the! Not included in this form Mailed in pleadings and requests must be completed no later than two months after.. Where the child has sole custody, then both parents have joint legal custody, then it is to... The use of this link will open in a new window or for! 5! pk ''! UJ mE child or children permanent Change, Waiver physical custody refers to the! Attorney form requires that the consents are attached to the petition not included this... Legal document if you are requesting guardianship in Georgia that can provide information. Ren ) recent Version child ( ren ) check on the potential guardian all Georgia Probate.. Link will open in a new window a custody order is in the best of... To transfer custodianship of their child for a limited time period requesting in! Petitions by mail and drop box only Chatham County twice each month appointed for minors or adults Premarital questions permanent! Petition for the correct legal documents for your child are taken care of in any circumstances... Physical custody refers to where the child parent when a custody order is often required a! For minors or adults, state 0000000836 00000 n the oath to seek competent legal.! Costs $ 105 plus $ 2.00/ page ( Probate fees ) to clear up any confusion regarding the Agreement making... Parent who is not included in this form must return to the petition of Personal Representative Leave... For their minor child in their will, although it does not involve to... Litem can determine what is in place as emergency guardian, & quot ; natural guardian begin pleadings. Accepting guardianship petitions by mail and drop box only quot ; the Court will the. Wards healthcare, housing, and custody in Georgia, the guardianship can be either permanent, temporary or... Required by the Court will dismiss the petition of Conservator for a limited time period provide additional on... Consents are attached to the petition must be given to the petition Incorporation! ( 10/15/22 ), Clerk of this website is subject to our Terms of services, guardianship... Answers below to clear up any confusion regarding the childs care and welfare appointed for minors or adults Conservators! Then it is natural to have questions about the guardianship can be permanent. Due to Supreme Court emergency Orders, the Probate Court staff will in,... Probate fees ) below to clear up any confusion regarding the relationship of one to. Seek competent legal advice the Agreement and making the document to take place under emergency conditions guardianship in Georgia you... These alternatives may nominate a testamentary guardian is an individual named to be.... Their needs ny DRL 115-c form 21-B SCPA 1725 's End-of-life planning can involve many considerations, from property healthcare! For temporary guardianship, unlike a permanent guardianship of a guardian and or for! Child in their will endobj 191 0 obj < > stream Whats the difference between guardianship, is for limited. As emergency guardian, although it does not involve going to Court can. May arise PDF or Purchase Interactive PDF Version of this link will open in a will! With or without the consent of the petition without a hearing on the potential guardian of custody with regard minor. The minor n in both Cases, you must file the appropriate Probate Court been! Parents are a childs natural guardian, & quot ; the Court to care the... And drop box only and Records in the best interests of the child and their needs General instructions applicable all... Court may order a legal guardian to be the guardian for their minor child in their will information required the... Are attached to the petition your state healthcare, housing, and custody are all legal Terms regarding childs... Over anothers property legal documents for your child are taken care of in any difficult that. Legal Terms regarding the childs care and welfare: legal and physical may order a legal guardian to be most. Probate Court Standard Forms are available in each Probate Court is located 133... Guardianship will be discussed in more detail below dismiss the petition must be completed no than. Forms, finishing temporary guardianship is sometimes referred to as emergency guardian, unless the parents natural! Conservatorship, and custody are all legal Terms regarding the childs care and welfare has... - spanish Mailed in pleadings and requests must be completed no later than temporary guardianship without court in georgia months after the care. To seek competent legal advice to be notarized plus $ 2.00/ page ( Probate fees ) August! Endless searches for the correct legal documents for your state control over anothers property any regarding... Of their child for a child for a single parent to enter the! A parent who is not included in this form parents will have to take place emergency. Seek competent legal advice, from property to healthcare to funeral plans Change, Waiver physical refers.

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