44-15-6. Modification of restrictions.

If the donor or a donor’s designee consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund. A release or modification may not allow an institutional fund to be used for a purpose other than a charitable purpose of the institution.#

The court, upon application of an institution, may modify a restriction contained in a gift instrument regarding the management or investment of an institutional fund if the restriction has become impracticable or wasteful, if it impairs the management or investment of such fund, or if, because of circumstances not anticipated by the donor, a modification of a restriction will further the purposes of such fund. The institution shall notify the Attorney General of the application, and the Attorney General shall be given an opportunity to be heard. To the extent practicable, any modification shall be made in accordance with the donor’s probable intention.#

If a particular charitable purpose or a restriction contained in a gift instrument on the use of an institutional fund becomes unlawful, impracticable, impossible to achieve, or wasteful, the court, upon application of an institution, may modify the purpose of such fund or the restriction on the use of such fund in a manner consistent with the charitable purposes expressed in the gift instrument. The institution shall notify the Attorney General of the application, and the Attorney General shall be given an opportunity to be heard.#

If an institution determines that a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund is unlawful, impracticable, impossible to achieve, or wasteful, the institution, 60 days after notification to the Attorney General, may release or modify the restriction, in whole or part, if:#

1. (1)

   The institutional fund subject to the restriction has a total value of less than $100,000.00;#

2. (2)

   More than 20 years have elapsed since the institutional fund was established; and#

3. (3)

   The institution uses the property in a manner consistent with the charitable purposes expressed in the gift instrument.#

For purposes of subsection (a) of this Code section, a donor’s designee includes, but is not limited to, an agent under a power of attorney to the extent authorized by the power of attorney and the duly constituted conservator of a donor who is a protected person, as such term is defined in Code Section 29-11-2, to the extent such conservator is so empowered pursuant to Code Section 29-5-23 or other applicable law.#

For purposes of subsection (b) of this Code section, if the gift instrument establishes an express trust, as such term is defined in Code Section 53-12-2, a court shall include a probate court or superior court as provided in Code Section 15-9-127 or 53-12-6.#