WebIn most cases, the funeral home will report the person's death to us. WebGeorgias New Statutory Power of Attorney Georgia Estate and Elder Law Starting on July 1, 2017, the new Uniform Power of Attorney Act (the UPOAA) governs new Unfortunately, you cant get power of attorney and act on someones behalf after theyve died. Published: Feb. 22, 2023 at 4:23 PM PST. endstream endobj 1145 0 obj <>stream If the principal didnt have a will, their assets still need to pass through the probate process. Yes, a durable power of attorney also expires upon the principals death. An executors responsibilities come into effect after the principals death. (2) The principal's revocation of your authority or the power of, (3) The occurrence of a termination event stated in the power of, (4) The purpose of the power of attorney is fully accomplished; or, (5) If you are married to the principal, a legal action is filed with a, court to end your marriage, or for your legal separation, unless the Special. If you have questions about how the new UPOAA provisions impact you, a family member, or someone for whom you serve as Agent under a Financial Power of Attorney, please call us at (770) 854-0688. 2020 BOGART WEALTH. How to Submit a Power of Attorney.pdf (860.42 KB) Visit our attorney directory to find a lawyer near you who can help. Below, we explain what happens to a power of attorney after death and who has the right to manage someones affairs after theyre gone. Real Estate Power of Attorney Form . In addition, third party websites may have different privacy and security policies than Bogart. Probate gives a surviving spouse or other close family member of the authority to gather the deceaseds assets, pay taxes and debts, and eventually transfer assets to those who NEW YORK (NEWS 12) A tree removal companys crane nearly toppled over between two homes in New Jersey and ended up suspended in power lines. The weather service said Mountain High, one of the closest ski resorts to Los Angeles, received an eye-popping 7.75 feet of snow during the last storm, with more possible this week. If you are trying to assure that certain events and transfers occur after your death, you need to contact an attorney to assist you with drafting a will. Bogart Wealth is neither a law firm nor a certified public accounting firm and no portion of the commentary content should be construed as legal or accounting advice. hbbd``b`^ $:D\m N@2010Yf 0 The principal remains the primary decision maker and the agent does not have the authority to take any action that the principal does not agree with. In a seven-game stretch prior to the Cornell encounter, Union allowed just three power-play goals in 29 shorthanded situations. Bogart Wealth offers unparalleled estate planning services to help guide you and your loved ones to the best plan for your future. Authorities identified the deceased as 31-year-old Cashay Henderson. Understand laws about what happens to your property after you die. Unless you, specify otherwise, generally the agent's authority will continue until you die, or revoke the power of attorney or the agent resigns or is unable to act for, you. I ____ (Name of principal) name the following person as my agent: DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL), If my agent is unable or unwilling to act for me, I name as my successor, If my successor agent is unable or unwilling to act for me, I name as my, Second successor agent's telephone number:____, Second successor agent's e-mail address:____, I grant my agent and any successor agent general authority to act for me, with respect to the following subjects as defined in O.C.G.A. If an individual becomes incapacitated before they sign powers of attorney the only way another individual can attain the proper authority to access their information and handle their affairs is by filing a Petition for Guardianship/Conservatorship in the Probate Court where the individual lives. WebThere are two main types of power of attorney: financial and medical. The written matter that has to be printed on the Document. Before an individual can sign a power of attorney they must be competent enough to understand what they are signing, why they are signing it, and they must be able to communicate that they understand what they are signing. Some Therefore, all financial powers of attorney are not created equal. When you sign as power of attorney, youre legally authorized to manage the principals affairs, but only while they are alive. You may think that this involves a power of attorney document, but the reality is that a power of attorney ceases to be valid after a person passes away. Living Will vs Will: What is the Difference? (404) 736-6066. sarah@estatelawatlanta.com. All rights reserved. A Georgia estate planning checklist provides the building blocks needed to protect ones assets in the event of a medical emergency or death. This guide will explain how a power of attorney works and will answer the question, Does power of attorney end at death?. Another exception is if you have to undergo probate and have been named the estate administrator in case your loved one passed on without a will. Mollie Moric is a staff writer at Legal Templates. The only way you can continue to manage her affairs is if youve also been appointed executor of her estate in her will, or if a court appoints you estate administrator. Coagents will not be required to act together unless you. WebUtah's Uniform Power of Attorney Act went into effect on May 10, 2016. That person will request probate by filing an application, with the death certificate and original will, to the local probate court in the county where the decedent lived.The application will contain the date of death, the beneficiaries named in the will An agent has a legal obligation to be loyal and trustworthy. He said the crane operator seemed to underestimate what the machine could handle. Moreover, you should not assume that any discussion or information contained in this commentary serves as the receipt of, or as a substitute for, personalized investment advice from Bogart Wealth. Therefore, you should review the applicable privacy and security policies of any third party website before you provide any information. include that requirement in the Special Instructions. The durable power of attorney is a legal procedure that gives authority to a named individual to make important end-of-life decisions, such as whether to end life artificial life support. The Georgia Legislature has enacted a specific law dealing with this type of power of attorney. Filing the will with probate officially begins the process of distributing the property to the living beneficiaries. This does not mean that the principal no longer has the authority to make decisions or transact business for himself. Rain and snow were falling again Sunday in Northern California as the first of two new storms started to move in. Plus, legal help for 1 year. WD/Y)28Fh7se_7T.#'lAhX~+qb^} While it is impossible to eliminate such concerns, there are new provisions regarding how a POA must be signed, how and when it can be revoked, and what happens when an Agent does not comply with all of his or her fiduciary responsibilities to the Principal for whom they serve. However, many people dont know how a power of attorney works after the principals death. A power of attorney after death ceases to be effective. You can no longer legally act on behalf of the principal after they pass, although someone still needs to manage the decedents affairs or estate. If a loved one named you their power of attorney before their demise, it means they trusted you to handle and oversee their affairs. In a seven-game stretch prior to the Cornell encounter, Union allowed just three power-play goals in 29 shorthanded situations. WebVann v. Finley, 313 Ga. App. You should give the funeral home the deceased person's Social Security number if you want them to make the report. Bogart is not responsible for third party websites hyper linked our website, and does not guarantee or necessarily endorse any content, recommendations, products or services offered on third party sites. Your request is likely to be granted if the decedent leaves no surviving spouse or if the surviving spouse and children, who are most likely the beneficiaries, agree to have you as the administrator over the estate. Toggle navigation. endstream endobj 1145 0 obj <>stream You can no longer legally act on behalf of the principal after they pass, although someone still needs to Many people dont fully understand how a POA works, yet this is crucial in helping them know what happens to power of attorney after death. ), ( ) Banks and other financial institutions, ( ) Estates, trusts, and other beneficial interests, ( ) Benefits from governmental programs or civil or military service, My agent SHALL NOT do any of the following specific acts for me UNLESS I. have INITIALED the specific authority listed below: to take actions that could significantly reduce your property or change how, your property is distributed at your death. Medical Power of Attorney is a durable form of POA that allows a Principal to appoint a person to make medical decisions for them if they become incapacitated. (3) Act with care, competence, and diligence; (4) Keep a record of all receipts, disbursements, and transactions made, (5) Cooperate with any person that has authority to make health care, (6) Attempt to preserve the principal's estate plan if you know the plan. Ashman Law Office also dba Glen Ashman Attorney. It is crucial to understand what this document is and follow the rules imposed by the state you live in. The will they left behind must be filed with the probate court shortly after their death, especially if they solely held a bank account or other properties. FS}9kqEZ ',b-z^CT''QGK7A +"y'' 8M0WV8lApFs ( ,9]zc,03N>5.qUf\J s12Q-yW>@=&}U!P1v cM #zcm!gG`U-HF[M--# 3, Last week, Democratic Gov. Web Real Estate Power of Attorney Form. the clerk of superior court in your county of domicile. This power of attorney does not authorize the agent to make health care decisions for you. Your agent will be, able to make decisions and act with respect to your property (including your, money) whether or not you are able to act for yourself. In probate, the court will appoint an administrator to oversee the distribution of the principals assets and manage their outstanding financial affairs similar to the executor of a will. %%EOF A Power of Attorney is typically a planning document that enables an individual to appoint someone who can make decisions, access information, and handle matters for the individual. A Power of Attorney is Not Valid After Death. A power of attorney is a legal document allowing the person creating it (the principal) to appoint a trusted individual to act on their behalf. An official website of the State of Georgia. To make sure your wishes regarding medical treatment are honored when you become incapacitated to make them yourself, you must create an adequate legal document and appoint a proxy. ALL RIGHTS RESERVED | DISCLAIMER | BLOG. The Georgia Supreme Court the Abuse of a Power of Attorney in Greenway vs. Hamilton. The general POA authorizes the agent to act on behalf of the principal in all situations allowed by local law. Fraud may include a POA that an Agent is trying to use for unlawful purposes, or in situations where a third party has a good faith belief that the POA was executed fraudulently, such as the Principal lacked the capacity to sign such a document. Before sharing sensitive or personal information, make sure youre on an official state website. Therefore, you should always seek appropriate counsel before acting upon the information contained herein. In this blog post, we will provide a review of the function of a POA, and outline some of the changes made to Georgia law under the UPOAA. Typically, a power of attorney becomes invalid as soon as the principal becomes incapacitated. on a Specific Date Upon Principal's Incapacitation or Death. A properly drawn will will appoint someone to act in your behalf. Powers of attorney expiure upon death. WebGeorgias New Statutory Power of Attorney Georgia Estate and Elder Law Starting on July 1, 2017, the new Uniform Power of Attorney Act (the UPOAA) governs new financial WebThree parts of the Georgia Advance Directive for Health Care Part One: allows an agent to be appointed to carry out health care decisions (formerly the Durable Power of Attorney Because the new statutory POA form lacks the detail and breadth of the POAs that we prepare for the clients we serve, we plan to use the new statutory form as a point of departure. If it becomes necessary for a court to appoint a conservator of my estate, Any person, including my agent, may rely upon the validity of this power of, attorney or a copy of it unless that person has actual knowledge it has. Probate becomes necessary to transfer the assets they leave behind to their living heirs. Yet, it doesnt extend beyond the moment the principal passes away. Starting on July 1, 2017, the new Uniform Power of Attorney Act (the UPOAA) governs new financial Powers of Attorney (POAs) in the state of Georgia. Having said that it is possible that your mother signed a form with the building management allowing your sister access. some states set relatively low thresholds for small estates at $10,000 as is the case in Georgia. Here, we want to discuss who has control over a persons assets after a person passes away in Georgia. It is not, and cannot be construed to be, legal advice. McLean, VA | Houston, TX | The Woodlands, TX. Unless you specify You can explore additional available newsletters here. It is recommended that you seek legal advice when establishing power of attorney. A power of attorney is a legal document that allows one person to act on behalf of another person. First, a Power of Attorney is only valid if it is executed in compliance with Georgia law. Fill out the form to schedule a free consultation, Columbus, GA 31901Mailing address: P.O. | Last updated March 08, 2021. The court will appoint an administrator to settle the estate, and you can apply to the court to be designated as the administrator. You must: (1) Do what you know the principal reasonably expects you to do with the. The person who An individual must be competent in order to sign a power of attorney. Ask Legal Questions; Legal Answers . Learn more about the Texas Probate Passport prepared by the Texas Young Lawyers Association to inform the public regarding what happens legally to a persons property when they die with a will or without a will (and how the probate process works). own name as "agent" in the following manner: Unless the Special Instructions in this power of attorney state otherwise, decisions for the principal to do what you know the principal reasonably, expects or, if you do not know the principal's expectations, to act in the, You must stop acting on behalf of the principal if you learn of any event, that terminates this power of attorney or your authority under this power of, attorney. If you are incapacitated for any length of time, someone may need to petition your countys probate court to become your conservator. Some civil law repercussions for misappropriation of assets include stiff fines and jail sentences for inheritance hijacking. Even if your documents are current and updated for five years now, once your financial power of attorney is three and a half Copyright 2023, Thomson Reuters. Get all the essentials: living trust, financial power of attorney, and living will. Code Sections 31-36-6, 31-36-9, and 31-36-10 of the Georgia Durable Power of Attorney for Health Care Act provide a specific form for durable power of attorney for health care decisions. and preserving the plan is consistent with the principal's best interest. %PDF-1.6 % Suppose the principal wants you to retain authority over their property after death. If you need to report a death or apply for benefits, call 1 WebA power of attorney is accepted in all states, but the rules and requirements differ from state to state. 5. An agent can misuse their authority, for example, to unlawfully move assets from the principals name to their own. Helping Families Preserve Assets and Pay for Care, Address:Park Ridge Office Park2900 Chamblee Tucker RoadBuilding 14, Suite 100Atlanta, Georgia 30341, Advance Directive for Health Care and POLST. Her legal advice and analysis Use our free Power of Attorney form to give someone you trust the legal authority to make decisions for you. Get Your Document Last Update January 27th, 2023 Fill forms in a few steps Save, print, and download Done in 5 minutes Home Power of Attorney (POA) Police say inside one unit, firefighters discovered a woman who had been shot to death. Choose the Stamp Paper Protecting Yourself from a Powerless Power of Attorney, Preventing Family Feuds After Power of Attorney. A power of attorney after death ceases to be effective. If you revoke the power of attorney, you must communicate your revocation, by notice to the agent in writing by certified mail and file such notice with. There are standardized forms available for financial and Powers Of Health Care Agent After Death (11) Autopsy. If you already have a valid POA in place, dont worry: POAs that were valid in Georgia before July 1, 2017 will continue to be valid. WebThis power of attorney does not authorize the agent to make health care decisions for you. Unfortunately, you cant get power of attorney and act on someones behalf after theyve died. Comprehensive estate planning can stop the issues that come with a PO before they start. 1 year of legal questions related to your estate planning, answered by our network of attorneys. Stay up to date with our most recent news and updates! How to Avoid Probate: 5 Ways to Transfer Assets After Death. 1 attorney answer. Chapter 6B of Title 10 or act outside, the authority granted, you may be liable for any damages caused by your, If there is anything about this document or your duties that you do not. A critical difference between a trust and will is that a trust doesnt need to go through the probate process. Powers of attorney expiure upon death. Created byFindLaw's team of legal writers and editors Attorney Assist. A power of attorney gives one or more persons the power to act on your 2. In contrast, a power of attorney agents rights are only valid before the principal dies. Work with a financial advisor who puts your needs first. Georgia durable power of attorney laws require the document to be in writing, signed by the principal, and witnessed by two competent adults. By Jatavia O'Neal. If your financial power of attorney does not expressly state that your agent can do a particular thing for you then they do not have the authority to do it. Web1) If the power of attorney is irrevocable, then under Section 202 of the Indian Contract Act 1872, a power of attorney is valid even upon death of the donor. In Georgia, our code provides a standard form for a medical power of attorney called an Advance Directive for Healthcare. A springing power of attorney gives the agent authority to act only when a specified condition is met; for example, they can only work on the principals behalf if the principal becomes incapacitated. Our POA substantially reflects the statutory language with additions or modifications that serve our clients specific needs. According to the law, a power of G ,:-,jyd4 LH)Fy0`LaX5HA/e`ep (b6K , Sn3 by erik@empirical360.com | Feb 22, 2023 FAST FACTS Its important to update your estate documents frequently, especially your financial power of attorney. Understand laws about what happens to your property after you die. Proper legal advice can only be given based upon the specific facts and relevant law for each individual. Your agent shall be entitled to reimbursement of, reasonable expenses incurred in performing the acts required by you in your, This form provides for designation of one agent. Real Estate POAs in Georgia are specially tailored documents that let Principals grant powers to an Agent for the purposes of managing real estate. There are many types of trusts for you to choose from. Powers of Attorneys are typically inexpensive and relatively simple and easy to create correctly. While strict adherence to this new POA form is not required, a POA executed on or after July 1, 2017 must either use the actual statutory form or a form that substantially reflects the language of the statutory form to enjoy the compelled acceptance. WebStep 1: Get your draft for POA made. Street Address of the Property. 4. Get free summaries of new opinions delivered to your inbox! Jury imposes $1.7 billion verdict against Ford for F-series pickup roof collapse that killed couple. Legal Templates cannot and does not provide legal advice or legal representation. The law applies to a power of attorney created before, on, or after that date, and to any judicial proceeding concerning a power of attorney commenced on or after that date. If youre concerned that an agent is abusing their right to power of attorney, find out who can override power of attorney. Glen Lockhart owns the home from where the tree was being removed. Events that terminate a power of attorney or your authority to act, attorney so as long as the revocation of the power of attorney is communicated, to you in writing by certified mail and provided that such notice is filed. However, this is not always what happens. At the core of the UPOAA is a new statutory form power of attorney. If a third party rejects a POA, it has seven days to request an Agents certification, translation into English, or attorney opinion. Suppose a relative has died and left a last will and testament. He said the crane operator seemed to underestimate what the machine could handle. Unless xq w3t47(#9|LxB~Eg2Zu|rx05m\v5eIgo:[H}@\niy;9f [NCaq$`KdTgfH3({^u`YO-[+/k` The written matter that has to be printed on the Document. However, if the person, has already lost their capacity it is not appropriate for them to sign a power of attorney document and other planning options should be utilized. 5 Things You Should Know About Powers of Attorney in Georgia. A valid power of attorney expires once the principal dies. 2) If it is revocable power of attorney then the contents of the power of attorney should be vetted to see whether the words "Jointly and Severally" have been used. One major issue under the old law was that there was no way to compel a bank or another financial institution to recognize a financial Power of Attorney. WebStep 1: Get your draft for POA made. The steps will let you know where this information is different. That is not the case. Following the death of a loved one, there is often a chaotic period of time where nobody is quite sure who is in charge. with the clerk of superior court in the county of domicile of the principal; Instructions in this power of attorney state that such an action will not, The meaning of the authority granted to you is defined in O.C.G.A. Officially begins the process of distributing the property to the Cornell encounter, Union allowed just power-play... Schedule a free consultation, Columbus, GA 31901Mailing address: P.O and updates draft POA... Legally authorized to manage the principals death becomes invalid as soon as the principal all. Always seek appropriate counsel before acting upon the principals name to their own the crane seemed! To go through the probate process required to act on your 2 related to your property after you die 22... Owns the home from where the tree was being removed length of time someone... At the core of the UPOAA is a legal document that allows one to! Sister access attorney gives one or more persons the power to act together unless you specify can... Core of the UPOAA is a new statutory form power of attorney trust financial. Webin most cases, the funeral home will report the person 's Social security power of attorney after death georgia if you are incapacitated any! Signed a form with the building blocks needed to protect ones assets in the event a... Facts and relevant law for each individual can override power of attorney, can. Started to move in up to Date with our most recent news and updates Powerless power of.. 5 Ways to transfer assets after death services to help guide you and your loved to! Yes, a power of attorney also expires upon the principals name to own... Jury imposes $ 1.7 billion verdict against Ford for F-series pickup roof collapse that killed.. On someones behalf after theyve died agent to act in your behalf: 5 to. Become your conservator personal information, make sure youre on an official state website some,... Of managing real estate expects you to retain authority over their property after you die before the dies. Find a lawyer near you who can help: Feb. 22, 2023 at 4:23 PM PST ( 1 Do! Our POA substantially reflects the statutory language with additions or modifications that serve our clients specific.! Pm PST or death of the principal dies based upon the information contained herein ones assets in the event a. To schedule a free consultation, Columbus, GA 31901Mailing address: P.O in Georgia, our code provides standard. Storms started to move in a Powerless power of attorney called an Advance Directive for Healthcare to discuss has... A staff writer at legal Templates filing the will with probate officially begins process... Legal advice can only be given based upon the information contained herein apply the. As is the Difference PM PST building blocks needed to protect ones assets in the event of a of... Effect after the principals name to their own may need to petition your countys probate court to your. Behalf of another person privacy and security policies than Bogart attorney gives one or more the! What this document is and follow the rules imposed by the state you live in to manage the name! Guide will explain how a power of attorney come into effect after the death. Their property after you die they start new statutory form power of in! Living trust, financial power of attorney also expires upon the information contained herein attorney Assist information contained.! Out who can override power of attorney, youre legally authorized to manage the principals affairs but... Suppose the principal becomes incapacitated the document just three power-play goals in 29 shorthanded.. Counsel before acting upon the principals affairs, but only while they are alive ones to the living.... You provide any information behalf after theyve died principals affairs, but while. Will is that a trust and will is that a trust doesnt need to go through the probate.... Greenway vs. Hamilton will is that a trust doesnt need to go through the probate process explore available... First of two new storms started to move in 29 shorthanded situations policies of any third party before. Imposed by the state you live in in contrast, a power of attorney a! New storms started to move in state you live in Georgia are specially tailored that! Principals grant powers to an agent can misuse their authority, for example, to unlawfully move assets the! Apply to the court will appoint an administrator to settle the estate, and you can explore additional newsletters! The best plan for your future legal writers and editors attorney Assist are alive new storms started move. Georgia Legislature has enacted a specific law dealing with this type of power of attorney after death has! How a power of attorney are not created equal properly drawn will will appoint an administrator to the! On someones behalf after theyve died out the form to schedule a free consultation, Columbus GA. Core of the UPOAA is a staff writer at legal Templates can not be construed to be as... The home from where the tree was being removed Do what you know the principal reasonably expects you to from... Properly drawn will will appoint someone to act in your behalf administrator to settle the,... The will with probate officially begins the power of attorney after death georgia of distributing the property to the Cornell encounter Union! And act on behalf of the UPOAA is a new statutory form power of attorney end at death? to! In Georgia are specially tailored documents that let principals grant powers to an agent is abusing their to! Opinions delivered to your property after death ( 11 ) Autopsy are incapacitated for length! Paper Protecting Yourself from a Powerless power of attorney works and will answer the question, power! Clerk of superior court in your behalf is not, and you can apply to the Cornell encounter, allowed! Who puts your needs first rules imposed by the state you live in,... Or legal representation was being removed principal 's best interest information, sure. All financial powers of attorney agents rights are only valid before the principal reasonably power of attorney after death georgia you to Do the., third party website before you provide any information understand laws about what happens to estate. Only be given based upon the information contained herein expects you to choose from 1.7 verdict. Make decisions or transact business for himself by local law who has control over a assets. Know about powers of attorney and act on your 2 will: what is Difference... Were falling again Sunday in Northern California as the principal dies available newsletters here Georgia Legislature enacted! Where this information is different specially tailored documents that let principals grant powers an! Avoid probate: 5 Ways to transfer the assets they leave behind to living! Assets they leave behind to their living heirs the clerk of superior court in your behalf is.! Matter that has to be designated as the principal reasonably expects you to retain authority over their property after.. Additional available newsletters here: 5 Ways to transfer assets after death possible that your mother signed a with! Also expires upon the principals name to their living heirs Georgia are specially documents... Only while they power of attorney after death georgia alive two main types of power of attorney, youre legally authorized manage... Person who an individual must be competent in order to sign a of. Act in your county of domicile you live in offers unparalleled estate checklist. Responsibilities come into effect on may 10, 2016 of the principal wants you to choose from Advance Directive Healthcare! ) Do what you know the principal becomes incapacitated opinions delivered to your!... Information is different advice or legal representation another person and follow the rules by... This information is different specially tailored documents that let principals grant powers to an agent is abusing right. Pdf-1.6 % Suppose the principal wants you to Do with the that a trust and answer. Advice or legal representation principal passes away POA made power to act behalf... If it is crucial to understand what this document is and follow the rules imposed by the state you in! Summaries of new opinions delivered to your property after you die someone to act on behalf of person... General POA authorizes the agent to make decisions or transact business for himself addition. Counsel before acting upon the specific facts and relevant law for each individual reflects the statutory language with additions modifications... Rights are only valid before the principal passes away end at death? falling! Make health care agent after death theyve died legally authorized to manage the principals death Stamp Protecting. Webthis power of attorney and act on behalf of the UPOAA is legal. % Suppose the principal passes away person who an individual must be competent order! Attorney does not authorize the agent to make decisions or transact business for himself the Woodlands, TX that trust. Legislature has enacted a specific Date upon principal 's best interest find who. Will answer the question, does power of attorney not and does not mean the. Attorney directory to find a lawyer near you who can override power attorney! Moment the principal passes away serve our clients specific needs works and will answer the question, does of. Deceased person 's death to us and updates they start attorney agents rights are only valid before the no. Manage the principals death competent in order to sign a power of attorney Northern California as principal. Override power of attorney building blocks needed to protect ones assets in the event of a power of.! Gives one or more persons the power to act together unless you specify you can explore additional newsletters... 860.42 KB ) Visit our attorney directory to find a lawyer near you who override. Information, make sure youre on an official state website planning, answered by our network of attorneys make care! New statutory form power of attorney, and can not be required to act power of attorney after death georgia someones behalf theyve...

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