Donor intent

Not to be confused with donative intent of a gift in law.

In philanthropy, donor intent is the purpose, sometimes publicly expressed, for which a philanthropist intends a charitable gift or bequest. Donor intent is most often expressed in gift restrictions, terms, or agreements between a donor and donee, but it may also be expressed separately in the words, actions, beliefs, and giving practices of a philanthropist. Donor intent is protected in American law regarding charitable trusts, and trustees' primary fiduciary obligation is to carry out a donor's wishes.[1]

Fidelity to donor intent is sometimes distinguished from grant compliance, and "donor intent" refers to the actions of a grantmaking entity and grant compliance refers to the actions of a grant recipient, but the term donor intent is commonly used to refer to both the guiding principles of a grantmaking entity and the purposes of a specific gift.[2]

There have been many controversies, including litigation, over donor intent at private foundations, universities, and arts organizations.[3][4][5]

  1. ^ Madoff, Ray D. (2010). Immortality and the Law: The Rising Power of the American Dead. New Haven, Conn.: Yale University Press. ISBN 978-0-300-12184-1.
  2. ^ Cain, Jeffrey J. (2012). Protecting Donor Intent: How to Define and Safeguard Your Philanthropic Principles. Washington, D.C.: Philanthropy Roundtable. ISBN 978-0-9851265-0-6.
  3. ^ Wooster, Martin Morse (2007). The Great Philanthropists and the Problem of "Donor Intent". Washington, D.C.: Capital Research Center. ISBN 978-1-892934-12-3.
  4. ^ "Resources on Donor Intent". Center for Excellence in Higher Education. Archived from the original on 14 April 2013. Retrieved 6 March 2012.
  5. ^ "Donor Intent Resource Library". Philanthropy Roundtable. Retrieved 6 March 2012.