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March 3, 2009

Attorney: Sometimes Charities Should Just Say No

Charities must be critical when it comes to donors and their motives, particularly as they age, according to a speaker at a forum this morning organized by the Planned Giving Council of Central Massachusetts.

Hyman G. Darling, an attorney with Springfield-based Bacon Wilson PC and keynote at the event, touched on a number of tricky situations faced by charities, most notably the task of working with donors who may be getting older.

"You hate to give [a donation] up," Darling said, "but if you think that person isn't competent, then you certainly shouldn't take that gift."

Such situations resonated loudly with many in the audience, including Ana Alvarado, director of gift planning at Holy Cross.

"In planned giving dealing with older donors, they become very attached," she said. "You have to decide how to be mindful that they are getting up in years."

Kelsa Zereski of the Fallon Clinic Foundation also shared a similar view.

"It is such a gray area," she said. "When I was in major gifts, there were many tricky situations, and oftentimes you are left to your own judgments."

Hyman also stressed the importance of critical self-analysis, the value of an honest public image, and the difficulty faced when donor relationships develop into personal ones.

"It's wonderful to have a good relationship, because that's bringing in more money," Darling said. "But you have to be careful. You have to understand where you fall in that relationship and you need to monitor those relationships."

The forum was held at the College of the Holy Cross's Hogan Center in Worcester. In addition to his work as an attorney, Darling is also an adjunct professor at the Western New England School of Law.

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