Donors Who Wish to Remain Anonymous

Some philanthropic clients prefer not to be recognized for their contributions, or to remain completely anonymous.  Contacts by an adviser with the donee organization on behalf of an anonymous donor may prompt a request that the adviser forward a thank-you note to the donor from the charity’s leadership (that may include recognition opportunities should the donor ever wish to come forward).  In the case of charitable gifts during life, it may be possible for anonymous contributions to be made through a law firm representing the donor, with the organization providing the firm with necessary receipts for deduction substantiation that can be provided to the donor.

Can charitable donors always count on the ability to remain anonymous?  The Supreme Court of Kentucky ruled that the Louisville Courier-Journal newspaper had the right to the names of donors to the University of Louisville Foundation, under the state’s open records act. The Foundation is a public agency and disclosure of the names would not be an unwarranted invasion of personal privacy when weighed against the rights of the public to know who had made contributions and any conditions placed on the gifts, said the court. Donors who had requested anonymity have a heightened sense of privacy, said the court, in refusing to order the disclosure of those donors’ names, although adding that future donors are on notice that the information could be subject to disclosure, even if they request anonymity (Cape Publications, Inc. v. University of Louisville Foundation, No. 2005-SC-000454-DG). 

Charitable provisions in estate plans would not come to light under the court’s decision, unless the charity had been informed in advance.   As discussed earlier, anonymity for lifetime contributions might be preserved if gifts are channeled through the donor’s law firm.

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