I believe that all museums should have a formal collections policy adopted by vote of their Governing Board prior to opening. The policy would explain the rationale behind how the institution will deal with donations, objects, gifts, and properties that are created with grants or donor funds. A non-collecting institution may still have temporary custody of collections from other museums or valuable property for which it must demonstrate duty of care and custodial responsibilities including details on tracking from arrival into a museum to the date the object leaves. When I worked with the Portland (OR) Children's Museum, we were transitioning from a small house museum to a larger building. Over about 50 years, the museum had amassed many games and toys that came to them through donors and as by-product of exhibition development. Effectively an attic that turned out to have a lot of stuff worth less than $1 on Ebay, and a bunch of iconic games and items that had appreciated in value. Many were gifts of estates, so the transition from City Gov't to 501c3 meant property transfer, value, and ownership all required clarification, and intent of the donor had real implications for what would happen to this stuff.
So the simple answer is yes, if you don't have a collections policy, and a donor funds a thing and doesn't like what you do with it, you're looking at lawyers and headaches. Good policy is good donor relations.
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John Fraser, PhD AIA
President & CEO Knology
Editor, Curator: The Museum Journal (John Wiley and Sons, Inc.)
Series Editor, Psychology and Our Planet (Springer Nature)
Author: The Social Value of Zoos
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JohnF@knology.orgknology.org
Twitter: @KnologyResearch
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