Posted: February 4th, 2016

Suppose that for several years Minnie had been confined to a nursing home, where John visited her frequently, but she received few other visitors. Suppose, further, that the bequests to John and the college were made in a codicil drafted by Minnie’s attorney the week before she died. Would John be violating the AFP Code if he accepted the bequest

Case Study 2: The Dear Friend

John Dear, the chief development officer for a large agricultural college, has a reputation in education circles for prowess in cultivating major gift prospects. Minnie Bucks is a wealthy farm widow and long-time personal friend of John’s. Over the years she has made several large donations to the college. One day Minnie dies unexpectedly . A codicil in her will leaves a small portion of her wealth to the college and a much larger portion to John. The college president and the chair of the board call John in and tell him that to accept a bequest from a donor he has befriended would violate the AFP Code of Ethical Principles and Standards and, if word got out, would harm the college’s reputation for propriety. They ask John to “do the right thing” and quietly turn over his bequest from Minnie to the college. A. What should John do? 1. Keep the money 2. Turn over the money to the college 3. Make a gift of his own to the college equal to the amount of the bequest 4. Return the money to Minnie’s estate 5. Other Answer: 5. Other. If John has not yet received the bequest, he should refuse the funds and direct the executor and/ or the courts to distribute the funds as they see fit. If he has already received the funds, the correct answer is 4. The primary AFP Standard in play here is Standard No. 4, which prohibits exploiting relationships for personal gain. However , an equally important issue is the appearance of impropriety, which brings Standard No. 1 into the discussion. This is an important and classic example of an act that is legal but unethical. B. Suppose that for several years Minnie had been confined to a nursing home, where John visited her frequently, but she received few other visitors. Suppose, further, that the bequests to John and the college were made in a codicil drafted by Minnie’s attorney the week before she died. Would John be violating the AFP Code if he accepted the bequest? 1. Yes 2. No 3. It depends 4. Don’t know Answer: 1. Yes, for the same reasoning as in the previous question. C. Suppose John rather than the attorney had drafted the codicil, but it was properly signed by Minnie and witnessed by the nursing home administrator. Would John be violating the AFP Code if he accepted the bequest under these 1. Yes 2. No 3. It depends 4. Don’t know Answer: 1 . Yes; Standards Nos. 1, 2, 4, and 6 all apply . Fundraisers should never give legal advice or draft legal documents.