Potential Pitfalls of Non-Profit Fundraising

How a Rise in Dementia Poses Tests for Charities
– The Chronicle of Philanthropy

The Chronicle of Philanthropy interviewed Manatt's Jill Dodd, chair of the firm's Estate Planning and Personal Representation practice, for an article on the consequences an organization could face if it accepts gifts from an intellectually frail donor.

When fundraisers suspect a donor may be suffering from dementia, they should not complete a gift transaction, said Dodd.

"If you think a donor doesn't have capacity, you cannot close a gift," she said. "It would be unethical at best." If fundraisers are working with a mentally incapacitated donor on a previously made pledge, "you always want to make sure there are two people in the room with you. It would be good to have a child or another party there."

Read the article here