I agree with Janice, and the same thought is mentioned by the National Museum of Australia:
"Note on securing legal title to a gift Many museums have important material in their collections but cannot prove that they own it. More than once, relatives of recently deceased benefactors have turned up at a museum and asked for "their" property back and all too often the museum has to hand the material over, for the museum is unable to prove that the transaction was other than a loan. Legal title in a gift passes upon its delivery. The difficulty arises from having to prove that the transaction was truly a gift. For a gift to be legally effective it is necessary to show that:
(a) there was a clear intention to make a gift;
(b) the object was delivered; and
(c) the gift was accepted.
The most powerful proof of ownership is provided by a Deed of Gift. Although not essential for the legal efficacy of a gift, the deed form is undoubtedly the safest way to record the NMA's's ownership of the gifted item." Source: HTTP://www.nma.gov.au/libraries/attachments/about_us/sample_agreements/deed_of_gift_handbook/files/3537/FINAL_Deed_of_Gift_Handbook.pdf
Indeed, a museum/library should have prewritten forms ready. So, the museum should "be prepared" in advanced for donors when they have the gift in hand, so that the item/property can be legally transferred legally when the artifact/item(s) are accepted.
See also: http://www.archivists.org/publications/deed_of_gift.asp
It is important, also to have the Deed of Gift signed and in your hands (if no other legal form was received on acceptance) as soon as possible, because there are cases that deeds signed months or years later may be void, since the donor may have a change of heart [when they find the value of their grandmother's collection!!] and say that he/she/they never gave it to you. For example, "A deed of gift which was recorded 20 years after its making was void under N.C.G.S. § 47-26". (http://www.aoc.state.nc.us/www/public/coa/opinions/2001/001474-1.htm).
If you have only "words" you will have to return the item(s).
On the other hand, I have seen many items received at the front desk of a museum (while I was the curator), without my intervention or that of the accession team. Then we were stuck with the item, and it took up or storage space. The Collection Policy/Scope of Collection should be followed, and should stipulate how items are received and accepted. Immediately on accepting an item there should be a signed legal ownership statment signed by the donor that freely gives the item to your museum. In addition, I would have the Deed of Gifts signed on acceptance of the item and then you will not have the item of sending letters, phone calls of trying to get the deed signed. MAKE IT LEGAL WHEN YOU RECEIVE THE ITEM OR DO NOT ACCEPT THE ITEM. Don't wait for a deed of gift!
Thus, if the donor disappears from the face of earth before you get a Deed of Gift from them, I am sure you have proof in a court of law or when the screaming grandchildren come knocking at your door and want the item(s) back, you have legal proof that the item(s) legally belongs to your museum and was a gift by the donor.
In addition, bear in mind that often when a Deed of Gift or legal statement is received from a donor, the donor likely filed a deduction with the IRS. Thus, when the screaming grandchildren years later are at the door, this can be used to send them back out the door. Giving the item back could cause more problems for you and them. Your accountant, tax folks and/or IRS would need to be involved if this issue happens.
John
Boise, ID
>>> [log in to unmask] 7/7/2005 1:14:55 PM >>>
With all due respect to your State Attorney General (and bearing in mind
that I am not a lawyer, nor do I play one on television), there are other
methods of showing clear title than a deed of gift. Appropriate
correspondence, receipts, etc. can all show the intent to give. Anyone who
tries to claim a museum piece will also need to show proof of their
ownership.
Please, please, please do not confuse a museum-generated form with legal
requirements.
janice
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