I disagree.  Julie specifically states that she does not have a signed Temporary Custody form, only a copy of a receipt that was issued to the donor.  I don't think that *necessarily* qualifys as clear intent under the law. 
 
Is the donor in your area?  If so, perhaps you could offer to visit her to have her sign the Deed of Gift.  You said that you have left a message with her son- could *he* sign it on her behalf?  (Not the best option, but at least you would then have basically a statement from a close relative stating her intent to donate.)  If the photo is not something that is important to your collection, you could return it, but then you run into the issue of *how* to return it- if you are having trouble reaching the donor, how will you make sure the photo gets back to her?  Or you could go the abandoned property route.
 
As many of the previous posters have stated, this is not an uncommon problem, unfortunately, and there is often no perfect solution.  Sorry.
 
-Casandra

On Wed, Jul 20, 2011 at 4:02 PM, Shelly Berger <[log in to unmask]> wrote:

Julie,

 

My understanding is that the Deed of Gift is not legally required to transfer ownership.  It is great at re-affirming the donor’s intent, but is not required to actually transfer ownership.

 

According to the IRS three criteria have to be meet for transfer of ownership: 1. Possession, the institution must have physical possession of the item(s) being donated. 2. Intent, the donor must have made clear that they intended to donate/gift/give, etc. the item(s).  And 3. Acceptance, your institution must formally accept the item(s) into your Collections. 

 

You’ve met all three criteria.  Therefore it is not critical you have a signed DoG.  You’ve made due diligence, and if you document everything, then you should be fine.  The only wrinkle would be copyright/reproduction rights.  IF having the copy/reproduction rights are the reason behind accepting the photograph, then you may need to seriously consider returning the picture.  If not, then I’d go ahead and treat it as it is a part of your Collections.

 

Hope this helps!

 

Shelly Berger

Registrar

The Museum of the Confederacy

1201 East Clay Street

Richmond, VA 23219

(804) 649-1861 ext. 12

[log in to unmask]

 

 

From: Museum discussion list [mailto:[log in to unmask]] On Behalf Of Julie Blood
Sent: Wednesday, July 20, 2011 4:54 PM
To: [log in to unmask]
Subject: [MUSEUM-L] Deed of Gift problems

 

Hi Everyone,

 

I’ve run into an issue involving a donor who gave us photograph several months ago (early December), but has yet to return the signed Deed of Gift to the Museum.  I’ve never come across this issue and need some advice on how to handle this. 

 

To give you a little background, when the Museum receives something we have the potential donor sign a temporary receipt and we explain the donation process to them - that donations are presented to our Collections Committee and then the final decision is made by the Board.  Once the Board gives their approval, I will prepare and send a letter and two Deed of Gift forms to the donor thanking them for their donation and ask that they sign and return one copy of the Deed of Gift to the Museum in the provided self-addressed stamped envelope.  Normally, our donors are very good about this and they return the signed D. of G. within a few days.

 

The donor I am dealing with, I have sent a letter and D. of G. three times, the third time I sent it certified mail and received the signed green postcard back showing they received it.  In my letters, I let them know (politely) that by signing the D.of G. it transfers ownership of the photograph to the Museum and that if they have any questions or concerns about the donation to contact me.  I have also made several phone calls, but have not made contact with the donor, who I believe is elderly.  I believe I’ve left messages with her son, but I’m not sure.

 

So my question is, what next? How should this be handled?  Should we send the photograph back to the donor and explain that since we don’t officially have the rights to the photograph we cannot accept it?  Any help or suggestions would be greatly appreciated.

 

Thanks,

Julie

 

Julie Blood

Collections and Exhibit Manager

San Joaquin County Historical Society & Museum

P.O. Box 30, Lodi, CA 95241

(209) 331-2055  

(209) 953-3460

[log in to unmask]

www.sanjoaquinhistory.org

 

 

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