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Family members want donated object returned

  • 1.  Family members want donated object returned

    Posted 06-29-2017 04:47 PM
    ​We have visitors who come and ask to see objects that were donated by family members who no longer are living.  Recently, we had a visiting family and now they want their item returned because it has not been on display and will not go on display as we are expanding our museum and it is not in the plans.

    Has anyone had experience with this request before and recommendations on how to proceed.  We at the museum are in agreement to return the item. 

    Thanks.


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    Charles Hinman
    Director of Education
    Honolulu HI
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    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 2.  RE: Family members want donated object returned

    Posted 06-30-2017 06:23 AM
    My first question is one of the tax ramifications.  How would the IRS treat this? Was a write off taken when the item was donated? What is the fair market appraisal of the item now? Has the item appreciated? These things may discourage the family from requesting return. Maybe a request that the item go to another museum that will display it would be easier. Is there a museum that would display it?   In return, give something something to you that you would use for display.

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    Kevin McCandless

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  • 3.  RE: Family members want donated object returned

    Posted 06-30-2017 08:12 AM
    There are things in our collection that I would love to give back!  You should go through the legal deaccessioning process so that the provenance chain is clear.  In our museum, that requires a vote of the Collections Committee.  In other museums, it might mean a board vote.  And the documents in the object file, which will be kept because the next generation will want to donate the object again and you need to give your successors ammunition to politely turn them down.

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    Michele Lyons
    Curator
    Stetten Museum of Medical Research NIH
    Bethesda MD
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  • 4.  RE: Family members want donated object returned

    Posted 06-30-2017 08:47 AM
    In general, returning objects to donor families is not good practice. The objects were entrusted to the museum for a reason and subsequent family members really should not be allowed to second guess that decision. Think about the precedent you would be setting! Moreover, the original donor received a tax deduction, which cannot really be undone. 

    The museum should only un-do its decision through a thoughtful and deliberate process of deaccessioning, not by responding to a single request. The process should be spelled out in your collections management policy, which should also describe how the collections will be disposed of. Failing to follow the policy and procedures is also bad precedent.

    But having done that and having made the decision that the object is no longer within the scope of your collections (not that you can't use it right now!), how do you actually dispose of it? First is the question of whether returning it to the family is really the best place for the object. If someone, at some point, thought it was valuable enough to be in a museum, maybe it really should be going to another museum, not back into private hands. Second, there is the question of who actually constitutes "the family." Over time, families grow and disperse. Are you certain that the person making the request is the only descendent? Being the one who cares the most is not really enough of a qualification. There may be family members who either are delighted that the object is in the museum or who would also like to have it. And there is another reason this is not good practice - we are not family therapists. Third is the question of value. The museum has an obligation to steward its assets and it cannot be giving away something of value. You have been caring for this object for however many years, plus there is the issue of the original deduction. I would get a good appraisal and then sell it for the appraised value. That does not compensate the state and federal government for the tax deduction, but at least the museum is compensated.

    But really... I would not do it. If the museum really doesn't think the object belongs in its collections, I would follow normal deaccessioning procedures and dispose of it fairly, either by gift or trade to another nonprofit or by sale on the open market (which includes eBay or the local consignment store).

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    Laura Roberts
    Principal
    Roberts Consulting
    Cambridge MA
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    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 5.  RE: Family members want donated object returned

    Posted 06-30-2017 09:32 AM
    Excellent points have been made in response to this question.  Deaccesioning is a subject I've written about a lot.  Presumably your museum has a collection policy that includes defining deaccessioining and how it can be done.  If something is determined to no longer be of interest to a museum and it should be removed, the reason(s) needs to be officially documented and approved by the board of trustees.  This customarily follows a committe consideration and a full vote of the board which is recoreded in meeting minutes.  The next step is implementing the removal.  Common choices are: sale; gift to another museum; demotion within a museum to use it for another purpose (education prop, office decoration); destruction (as can happen with scientific sampling).  While on the surface returning something to "the family" may sound nice, as Laura asks, how is "family" defined?  I would shy away from this.  Though the museum may no longer have any interest in the item, is it worth preseving in another institution?  By the way, while the museum does not want the object for mission-related reasons, arguments that something should be deaccessioned because it has not been on exhibit are inapplicable.  Museums do not collect things simply to exhibit them.  As for predicting if something will be exhibited, or not, in the future - I would like that person to select my investments if they are that certain about the future.

    Regards,

    Steve.

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    Steven Miller
    Executive Director
    Boscobel House and Gardens
    Garrison NY
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  • 6.  RE: Family members want donated object returned

    Posted 07-03-2017 09:40 AM
    In addition to the litany of legal considerations, ethical and policy questions so thoughtfully articulated in this thread, I have to underscore Laura's comment about "family therapy," which is at the very core of the discussion. With two therapist colleagues, I have been working on a multi-year study about the psychological underpinnings of the human-object relationship and the implications for museums. Our initial case studies have focused on personal object donation to museums and the short of it is, personal donating no matter how seemingly benign, has deeply impactful psychological attributes. Our studies so far have shown that object donation is almost always an act of personal examination mirroring the therapeutic process, or a means of sustaining personal well-being. Objects in peoples' lives, no matter how mundane or rarified, have psychological meanings and relationships that extend beyond the individual alone, and museums receiving an individual's (or family's) objects are entering into a pact with significant ramifications beyond the legal and logistical. Clear understandings about whether an object will be displayed are also critical and it sounds like there wasn't a display agreement put in writing at the time of donation. My colleagues and I have found that the display of an object is a significant piece of the psychological process and as you are experiencing, a source for potential activation beyond the donor alone. I would be cautious of directly returning the object in question to family members, or anyone with personal relationship to the object. This is an emotional and psychological arena that you probably don't want to enter into. With mindfulness, kindness and professionalism, deaccession the object as you would any other artifact.

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    Brenda Cowan
    Associate Professor
    Graduate Exhibition & Experience Design - SUNY Fashion Institute of Technology
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  • 7.  RE: Family members want donated object returned

    Posted 07-04-2017 11:05 AM
    I will begin with the disclosure that I am not an attorney nor am I involved with collections in any museum.  But I am disturbed by the position that seems to be taken in this thread regarding loans and the rights of inheriting family members.  Of course, the decision requires careful and thorough investigation to be certain the person making the request is authorized to do so (and in one case provided the person was perhaps not entitled to make the request, no mention is made of what the will of the nephew might have said about it), but what is lost in this discussion is the essential difference between a loan and a gift.  Had the original owner intended the item belong to the museum he/she would have gifted it at the time of the loan.  The very fact that someone makes a loan indicates that he/she wished to retain ownership and control over the future of the item.

    Although I am a firm believer that museums are often the best stewards of delicate or fragile items that might not survive without the professional attention they can provide (whether on display or not), it is important not to lose sight of the rights of the owner to do what they wish with their own items, and that must include those who inherit ownership.  Museum professionals might explain to the relative who wants the item returned that there is more involved than whether or not the item is displayed; how much safer it would be in the museum where it can be cared for properly.  The assumption that the item returned will sit in someone's attic may not be valid.  Perhaps the inheriting family member prefers to gift the item to a different institution, perhaps they intend to sell it because they need the money it would bring, perhaps they themselves are collectors who do understand the proper care of the item.  Perhaps the new owner could be convinced to extend the loan rather than take possession.  All these possibilities should be discussed so that a fair resolution can be reached.

    All this can be avoided, of course, if closer attention is paid at the point of the original loan agreement.  What are the provisions for reclaiming the item, who is allowed, under what circumstances and what identification would be required?  Is there a period of time after which the loan is deemed to be, in fact, a gift?  The simplest solution is to request that upon the death of the owner, the item is left to the museum.  This should all be spelled out up front and in clear language that both sides understand.  Whether or not the museum is the best custodian of an item does not mean a loan is a gift unless transfer of ownership is agreed to by both parties.

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    Leni Wiener
    Artist, independent curator
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  • 8.  RE: Family members want donated object returned

    Posted 06-30-2017 08:56 AM
    Asking for a donation back is unfortunately a common occurrence in our field and I feel like it's often deeply connected to the misunderstanding that the donation will go on exhibit immediately or at all. I frequently have this conversation with our Collections Manager here at NMAM.  

    Once the donor signs the paperwork, the donation becomes property of the museum and it's no longer under the ownership of the donor. Technically, they have no legal right to ask for it back because it's no longer theirs.

    I decided to reference my favorite museum book in the world, A Legal Primer on Managing Museum Collections, because I recalled reading about requests for the return of collection objects. Here's what Malaro and DeAngelis have to say: 

    Requests for the return of collection objects can present complex legal and/or practical problems. [...] The important points are that when a museum is faced with a request, it should (1) ascertain the facts, (2) sift them carefully in light of trust responsibilities, and (3) be prepared to defend its action as prudent and taken in good faith. 

    [...]

    If the museum, after investigation, really believes it should acquiesce, then it maintains it credibility by doing so in a timely manner. If, on the other hand, investigation convinces the museum that it should deny the claim, a prompt, clear, written refusal is the most efficient way to resolve the matter. The refusal starts a statute of limitations running so that if the requester fails to press the claim in court within the time allowed by the relevant statute, the claim is thereafter barred.

    That being said, since your institution has no intention of exhibiting or using the artifact in question in the future, and you have discussed it at length, it may be in your best interest to deaccession the artifact and return it to the original donor.  


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    Claire Aldenhuysen
    Museum Educator
    National Model Aviation Museum, Academy of Model Aeronautics
    Muncie IN
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  • 9.  RE: Family members want donated object returned

    Posted 06-30-2017 10:04 AM
    In every similar discussion like this that I read on listserves, my first question is: What is the professionally accepted museum standard best practice published on this issue? 

    In such circumstances, I wonder if crowd-sourcing answers on issues like this de novo simply attempts to re-invent existing policy wheels unnecessarily.

    I believe that the existing policy recommendation(s) from professional organisations like AAM should set the stage for further advanced debate on-line.

    Such discussions based on existing policy "bibles" then might serve as stimulus to producing recommendations for changes directed to museum professional organisations & academe to write necessary New Revised Versions!

    My minor 25 cents (CAD) worth (= 0.192275 USD).  ;-)

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    Paul Thistle
    Director/Curator (retired)
    Stratford ON
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  • 10.  RE: Family members want donated object returned

    Posted 06-30-2017 09:46 AM
    Here at the NMMC, we frequently have requests from family members to view the objects related to their deceased family members, which we do support for a number of reasons. Claire's absolutely hit it on the head with referencing A Legal Primer, and if you don't already have a copy, stop everything and get one.  One major issue with this request is that you must ensure that your museum has the legal right to own it --  do you have a signed Deed of Gift, and was that signed by the person who legally owned it? Was it on loan from the initial family member, and that loan has lapsed and they have now deceased?  Is the object technically considered abandoned property? You must determine the legality of your possession to the item before you proceed.  If your paperwork is incomplete, consult your legal counsel for advice on your state's abandoned property laws. However if your paperwork is 100% complete with clearly signed DoG, and you have firmly determined your legal title to the objects, you can politely go back to the family and state that legally, you cannot/will not return the item, but that if they wish to view it, you will be happy to accommodate them at a specific time/date. 

    It is a tricky precedent to start if you return donated items -- as others have pointed out, the IRS may need to be involved if a tax deduction was claimed by the donor, plus it can possibly shake the public's trust in your institution if you are returning items you promised to care for. 

    Additionally, when we are offered items for accessioning into the collection, we make it absolutely clear to the donor that we NEVER promise to display the objects, nor will we take a donation with that stipulation or other restrictions and conditions. Most people are understanding. 

    Good luck!

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    Carrie Bowers
    Museum Specialist
    National Museum of the Marine Corps
    Triangle VA
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  • 11.  RE: Family members want donated object returned

    Posted 06-30-2017 10:08 AM
    Charles, This happens periodically. You need to check your paperwork. Do you have a signed deed of gift? What the terms? Who are the rightful heirs of the donor? Returning something to the wrong person can cause legal problems for the museum. Do you want to set a precedent of returning a gift? How do you say no to the next person? 

    When we've been asked to return a legitimate donation, I have offered to get the item out for any family member and to let them know if/when the object is displayed, loaned or the basis of research.

    Good luck.



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    Jane MacKnight
    Director Museum Planning
    Cincinnati Museum Center at Union Terminal
    Cincinnati OH
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  • 12.  RE: Family members want donated object returned

    Posted 06-30-2017 10:37 AM
    Charles,

    All of the procedural and legal issues that have been raised here are valid, but they do not address the circumstances under which an object was given to an institution. For example, a man had been telling his grandson for years that he wanted him to have his Silver Star medal, personal note form General Patton, and photos of him with Patton when the boy turns 18, or when the man passes. The man gets remarried, passes away a couple of years later, and the widow donates these personal possessions to a museum. The boy is heartbroken when he learns of this and approaches the museum to ask if he can have the items returned.

    Or what happens when a gift of objects is made to a museum by someone who is suffering from some form of mental illness, and their family members are unaware of their activity. 

    Of course this type of situation could be abused by unscrupulous family members. But, I think each instance has to be handled on a case by case basis, and institutions need to have a process in place to deal with it. Circling the wagons and throwing up legal and procedural roadblocks does not serve anyone involved very well, and could add to the distress of someone with a valid claim. 

    I am not a fan of museums returning objects to donors or families of donors, but I am a fan of an institution that fairly evaluates each request and does what is morally right for all involved if possible. 

    This is a great topic, and I do not think that it has a cut and dried answer.  Thanks for bringing it to the forum. 

    Mike

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    Michael Hanke
    Exhibit Designer
    Design Division, Inc.
    Hadley MA
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  • 13.  RE: Family members want donated object returned

    Posted 06-30-2017 01:37 PM
    My museum is the successor  to the McClellan Air Force Base Aviation Museum, which started in 1985.  It was  part of the National Museum of the USAF system.  As such decisions to return items were made by the NMUSAF Museum at Wright-Patterson AFB, Ohio. In 2000, with base closure scheduled for 2001, the USAF museum was deactivated and a private non-profit took over museum operations.  Starting in 2000, donations are the property of the non-profit museum.  I have been with the Collections Dept since 2007.  We have only returned two items since my involvement.  After resolving the legal issues, we took into consideration the reason for the request, personal situation and background information before the items were returned.  Both were similar to the Silver Star return issue mentioned earlier.

    By all means purchase the book A Legal Primer on Managing Museum Collections.  I have the 3rd Edition, printed in 2012.  It has been an outstanding reference resource. 



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    Raymond Meyer
    Archives-Artifacts
    Safety & Security Manager
    Aerospace Museum of California
    McClellan, CA 95652
    safety-security@aerospaceca.org
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  • 14.  RE: Family members want donated object returned

    Posted 07-05-2017 01:44 PM

    There are some wonderful old stories of summer folks loaning objects to museums so as to be sure they
    would be safe over the winter. (Things like grandfather's clock.) Those were the days before much effort was made to keep records and loans were done on the basis of handshakes --which became nightmares.
    One simple solution is not to accept loans in the future.
    If you must, then be darn sure that your collections policy spells out clearly what happens to the object(s) if future generations come a calling (many good thoughts above).
    Many states have now have passed legislation to handle such "challenges" when objects have been loaned or given (with no paperwork ) prior to the adoption of collections policies. You may wish to check out your state and determine whether such by-laws are in existence. If not, there are many examples available, and it would make sense to have your state legislature consider doing so.

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    Warren Little
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  • 15.  RE: Family members want donated object returned

    Posted 07-03-2017 08:48 AM
    In my first museum job, many years ago, a relative of the original owner of a lovely group of Shaker-made baskets and pottery sent word that he had been in the building recently, did not see the items on display anywhere, and demanded to know that they were indeed still at the museum. We set an appointment, got the items out of storage, and were prepared to explain how honored we were to have them in our care. There was no question that the items were pertinent to the museum's mission, even though not currently on public view. As others have pointed out, museums collect for many reasons besides exhibition.

    The man came, and claimed the relative who had first brought them to the museum never intended them to be a gift. They were strictly on loan, and now that he knew the museum had not done anything nefarious with them, he had come to take them back. However, he could not produce any proof of the loan. We couldn't produce paperwork that documented an outright transfer of ownership either, but we weren't about to release them on the spot. The man who wanted them back got pretty ugly about it and even threatened to bust up everything I had carefully laid out on the table, which struck me as odd since the items probably would have brought a nice sum at auction. Why demand to have them returned only to destroy them?  A security officer came and the man stormed out, insisting we would soon hear from his lawyers.

    I was distraught, not least because no one had ever attacked my personal integrity so hatefully, but as the registrar I set myself the task of combing through every place I could think of that might have a paper record of the original transaction. (This was before the days when anything was on a computer.)  Eventually I found a card that did in fact say the items were on loan, and the owner's nephew was the sole person authorized to have them returned. I gathered all my courage to make the phone call to the nephew to acknowledge that we had found the documentation, and would return the items.

    When a lady answered the phone and I asked for Mr. So-and-so, there was a long pause. Finally she said, That was my husband, and he died several month ago. I was initially shocked by this turn of events and stammered something about his having been at the museum recently, which only made her upset. I managed to apologize and get off the phone before committing any further blunders, and start doing some serious research in the obituaries, which should have been Step One after finding the missing record. The death had occurred before the museum had ever been contacted about returning the items. Based on the obit's list of surviving kin, it appeared that the irate relative who had demanded them was impersonating his dead cousin.

    That falsehood probably explains why he never followed through with legal action. I started sleeping better at night after that, knowing that my career in the museum field was not going to end early by being hauled into court. But it was a very valuable lesson. The place where I found the note yielded similar important documentation about several other collection items, but thankfully that was the only instance that ownership was challenged during my time there.

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    Deborah Smith
    Consultant Belfast Maine
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    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 16.  RE: Family members want donated object returned

    Posted 07-04-2017 11:43 AM
    Many have addressed the legal, familial, ethical, and procedural aspects of deaccessioning items from a museum collection, and this has evolved into an informed and important discussion.  I have one other element to add - the effect of deaccessions on science. 

    Many specimens held by museums have been the subject of scientific research and are the objects at the core of numerous scientific publications.  For example, I've worked on dinosaur specimens that have been appearing in scientific literature for over a century.  Some are type specimens (the defining specimen for which a particular taxon is named).  The ability to test and verify is at the foundation of science, and if a specimen is no longer held in a repository where access for research is assured (likely, if it goes from museum collection to uncle Ted's den), no observations about or data derived from that specimen can be verified or refuted. Claims made about that specimen go from verifiable to "take my word for it", pulling the rug out from under science.

    There was a recent case at a prominent museum in which some specimens were identified as no longer being applicable to their mission, and were scheduled for deaccession.  Without the advising of scientific staff, an administrative decision was made to deaccession the specimens via public auction.  Some of the chosen specimens were published on in the scientific literature, and some were of historic significance.  Fortunately, word of the impending auction got out, and after much outcry from the scientific community, the museum chose to seek other repositories willing to accept the specimens into their collections.  (Why this was not the first choice is unclear to me.) 

    This near miss scenario illustrates well the potentially far-reaching consequences of deaccessioning museum specimens, and is a stark reminder of the importance of thorough communication when making such decisions.  Not every specimen in every museum comes with such ramifications, but it can certainly be worth taking the time to check.

    <steps off soap box>

        Cheers,

                         Michael



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    Michael Holland
    Principal/Owner
    Michael Holland Productions
    Bozeman MT
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