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Legal matters

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Fund-raising when too much money is raised.

8 replies

exleodensian · 06/04/2015 13:46

I have been involved in raising funds for a specific child's medical costs, and the treatment might no longer be needed. What should be done with the monies raised? (In excess of £15,000).
I should add that the illness might return. I think therefore, the money should be put in a trust or invested for such an eventuality.
If this is done, how long should the money be kept? Until she is eighteen, or for five years until she would be deemed cancer-free?
The cancer is the type with a high recurrence rate.

OP posts:
BertieBotts · 07/04/2015 00:39

I think I would put in trust for five years. After that donate it to a cancer research charity or the unit where she is being treated? Or just donate straight away.

exleodensian · 07/04/2015 20:05

Thank you Bertie.
My only concern with a trust fund for five years, is that the cancer might return after that, and people might not be as willing to donate again, since they were so generous this time round, and she no longer needs the treatment.

OP posts:
OddBoots · 07/04/2015 20:10

If the cancer is one with a high recurrence I don't see the problem with leaving it in trust indefinitely. It might become clear in a few years that there are new treatments making it less of a worry or the like but you can cross that bridge if and when you come to it.

I guess concerns would be making sure it was not used inappropriately and that its existence didn't have implications for the claiming of any benefits should that be needed.

PeppermintCrayon · 10/04/2015 00:04

I think you should give it back if possible or donate to another charity.

I would not be happy if I donated money towards cancer treatment and then it was turned into a trust fund instead.

newbieman1978 · 10/04/2015 14:11

You need to take specific legal advice on this.
Is the fund raising through a registered charity? If so then there are strict rules about how money can be spent.

I'm not a legal person but I'd suspect that if money was raised for a specific reason ie. Medical treatment... If the treatment isn't needed the money should be given back.

You have to be careful that people who donated don't feel duped.

LadySybilLikesSloeGin · 10/04/2015 14:16

As far as I'm aware you can't have a registered charity for one person. For a charity to be registered with the Charities Commission it needs to be for a specific group of people, like the Homeless in central London. For one person it would need to be a trust.

I think you need to seek legal advice about this, just to be on the safe side.

newbieman1978 · 10/04/2015 15:23

You may well be right Lady... The reason I mentioned it was a local group gained charity status and had a bit of trouble when they gave some money to a third party cause (which they'd always done in the past) but as they were now a charity there are strict rules that any money donated must be used for the charities specific purpose.

I think in the OP's case the same rule would at the very least apply morally. If people donate to a cause you expect the cash to be used for that cause.

LadySybilLikesSloeGin · 10/04/2015 16:30

You would expect it to be used for that cause, problems arise when the funds are no longer needed for that cause. It's practically impossible to return the funds, especially if there was a collection tin etc. How are the organisers to know who donated what? The rules regarding what a charity is for are really strict. They are usually for the public benefit (so not one person), for education, health and poverty (it's been a while since I've had to do any of this so I'm really rusty).

These are useful www.institute-of-fundraising.org.uk/guidance/about-fundraising/fundraising-for-an-individual/

www.gov.uk/fundraising-legally-and-responsibly

I can't find anything for the OP's circumstances but there should be some sources of help on one of the links, try the top one. It's a good idea to seek specialist legal advice.

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