Key Elements and Legal Lessons Surrounding Donor Intent

A charitable gift given for a specific purpose generally can be used only for that purpose. But, under certain circumstances, a charity may be permitted to release or modify restrictions imposed on a gift. Understanding when and how such restrictions may be modified – and when donors may have standing to enforce the terms of their gift – is crucial both to charitable organizations and to donors. This OnDemand Webinar will help you understand how to document such intent in a manner that maximizes the donor’s ability to ensure that his or her wishes are followed. It also will help charitable organizations understand when they may modify restrictions imposed by a donor on a gift and what processes they must follow to seek such modifications.

Authors

Agenda

Donor Intent

• What Is Donor Intent and Why Is It Important?
• How Do You Document Donor Intent?
• How Do You Determine Donor Intent?
• When Should Donors Take Care Not to Impose Legally Binding Restrictions on the Use of Their Gift?

Modifying Restrictions on a Gift

• Who Has the Ability to Modify Restrictions Originally Imposed on a Gift?
• What Is the Process for Seeking to Modify or Release Such Restrictions?

Donor Intent and UPMIFA

• How Does UPMIFA Affect the Interpretation and Implementation of Donor Intent?
• What Are 'Old and Small' Funds and Why Should You Care?

Enforcing Donor Intent

• Who Has Standing to Enforce Donor Intent?
• What Is the Role of Donors? The AG?

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