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  • 1.  Modifying criteria endowment --living donor

    Posted 12-21-2022 11:27 AM
    Hello

    I have two endowments that need modification because the restrictions are no longer possible for the University to meet.  The University has written to each of the respective donors separately, but no response has been received.  We have also tried to connect by phone.  (FYI: our contact info matches Lexis Nexis)

    What would you recommend as a next step?  We are considering a final letter indicating that if we do not hear back we will move forward with taking these to the Ohio Attorney General. 

    Is that wise/legal?  

    Thank you in advance for any advice! 
    Tracy

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    Tracy Rush
    Exec Dir Adv Services
    Otterbein University
    trush@otterbein.edu
    ------------------------------


  • 2.  RE: Modifying criteria endowment --living donor

    Posted 12-21-2022 11:37 AM
    Edited by Dariel Dixon 12-21-2022 11:46 AM
    Is there a fundraiser assigned to them?  Are the restrictions no longer applicable, or are they discriminatory?  I think it might be wise to consult your university counsel to see what steps you need to take next?  It's obviously better to try to get in contact with the donor though.

    ------------------------------
    Dariel Dixon
    Assistant Director of Database and Gift Administra
    Chautauqua Institution
    ddixon@chq.org
    ------------------------------

    Original Message


  • 3.  RE: Modifying criteria endowment --living donor

    Posted 12-21-2022 11:52 AM
    I would have Counsel send a registered letter, with a signature required. The letter should be very thoughtful - probably crafted by your donor relations team. But, as your next step would be to go to the AG, you need to demonstrate you have done everything possible to contact the donors.

    However, if you have a relationship with a next of kin or legal agent, I would try them first before going to the State.

    John 

    John H. Taylor 
    919.816.5903 (Cell/Text)

    Big Ideas; Small Keyboard



    Original Message


  • 4.  RE: Modifying criteria endowment --living donor

    Posted 12-21-2022 12:15 PM

    Thanks, John.  Sound advice, for sure!

     

    Unfortunately, no other relationships with either family-and both are a good distance away.  That is what make each of these extra challenging.

     

    Tracy Rush

    Otterbein University

    Executive Director, Advancement Services | Institutional Advancement

    t. 614.823.1290

    d7cbed56-1e21-45cf-8a8d-90ea3d45438f

     

    otterbein.edu/175

     

     




    Original Message


  • 5.  RE: Modifying criteria endowment --living donor

    Posted 12-21-2022 12:31 PM
    My experience in dealing with State AGs is they want you to demonstrate you have done everything reasonable to contact the donor. So, if you do have contact information for immediate family members, it might be worth the postage to write, explain the dilemma, and ask if they have a better way of reaching the original donor.

    John

    John H. Taylor
    Principal
    John H. Taylor Consulting, LLC
    2604 Sevier St.
    Durham, NC   27705
    919.816.5903 (cell/text)

    Serving the Advancement Community Since 1987





    Original Message


  • 6.  RE: Modifying criteria endowment --living donor

    Posted 01-13-2023 11:49 AM
    Thanks John and all - what would be the next steps in a similar case where the deceased donor's living relative wants to amend criteria (she would like to just broaden the usage) ? Our general counsel suggests we can't modify the agreement because the donor is no longer living. Could we propose an amendment and have it signed by the relative, then submit to our Board of Trustees for approval?  Many thanks!

    Stacey

    Stacey Orme 
    Butler University 
    Office of Advancement

    ------------------------------
    Stacey Orme
    Executive Director, Advancement Services
    Butler University
    sorme@butler.edu
    ------------------------------

    Original Message


  • 7.  RE: Modifying criteria endowment --living donor

    Posted 01-13-2023 01:12 PM
    GC should be fine with the estate's legal representative being a signatory to a change. But not just any "interested relative."

    However, when there is no such representative, and you can demonstrate that you cannot honor the donor's wishes due to legal restrictions, cessation of a program, or lack of qualified scholarship recipients, you will need to seek relief from the State Attorney General.

    John

    John H. Taylor
    Principal
    John H. Taylor Consulting, LLC
    2604 Sevier St.
    Durham, NC   27705
    919.816.5903 (cell/text)

    Serving the Advancement Community Since 1987





    Original Message


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