Description
Learn how donor intent is established, enforced, and adapted, plus practical tips for crafting effective gift agreements for donors and charities.
Donors gain personal satisfaction and tax benefits by supporting their favored charitable causes. However, donors and charities must work together to understand a donors intent and make sure it is carried out. This presentation will help attendees understand the different ways that donor intent is established and documented, who can enforce the donors intent, and what changes can be made if a donors intent cannot be carried out. Attendees will also hear about practical ideas of what to include in a gift agreement from a donors perspective and a charitys perspective.
Date: 2025-02-11 Start Time: 1:00 PM ET End Time: 2:05 PM ET
Learning Objectives
* You will be able to discuss how a donors intent may be enforced and by what party.
* You will be able to explain how a donors intent may be modified.
* You will be able to review gift agreements from the perspective of a donor and a charity.
* You will be able to define cy pres.
How Can Donor Intent Be Defined by the Donor?
• Estate Planning Documents
• Gift Agreements
• Mission Statements
Who Can Enforce Donor Intent?
• Donor
• Attorney General
• Family Members
• Other Named Organizations
What Does the Donor Need to Think About?
• What Restrictions Does the Donor Want to Impose? Naming Rights, Specific Programming Criteria, Other?
• Does the Donor Want to Continue to Be Involved During the Use of the Gift?
• Is There an Alternative to a Restricted Gift, Such as a Daf or Private Foundation?
What Does the Charity Need to Think About?
• What Restrictions Are Imposed on the Gift? Are These Restrictions Established by a Written Gift Agreement, Through Donor Correspondence or Solicitation Materials, or Governing Documents?
• Should the Charity Retain the Ability to Change the Restrictions?
• Case Studies
What Can Be Done With a Donors Intent Can No Longer Be Carried out?
• Cy Pres
• Deviation
• Change in Recognition (May Require Return of Funds or Other Resolution)
• Modification Provision
• Old and Cold Provision
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,CPE ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
Emmaline S. Jurgena-Foley & Lardner LLP, Jason J. Kohout – Foley & Lardner LLP
