Below are several suggested clauses that may be helpful when acting on behalf of a client wishing to make a gift through his or her will in support of the Royal Ottawa Foundation for Mental Health (herein known as “the Foundation”).
We respectfully ask that lawyers keep the need and rationale for flexibility in mind when advising clients. Health care in Ontario is changing rapidly – a program or priority at the Royal Ottawa Health Care Group (ROHCG) may be vital today and redundant in the future. The APower to Vary@ clause included gives the Foundation’s Board of Directors the ability to use a gift to the best advantage of the ROHCG.
An undesignated bequest is the preference of the Foundation. If, however, your client is interested in designating a bequest in support of a specific program or equipment need, we respectfully ask that there be a consultation with Hospital officials to ensure that the spirit of the donor’s wishes can be satisfied.
Should you have any questions regarding Planned Gifts in support of the ROHCG, please contact:
Tracy Donahue, Vice-President, Philanthropy, Royal Ottawa Foundation for Mental Health, 613-722-6521 x 6673
Charitable Registration Number: 11912 9179 RR0001
Residual Bequest, Unrestricted Use
To deliver or transfer to the Royal Ottawa Foundation for Mental Health (“FOUNDATION”) the whole of the residue of my Estate (or _____% of the residue of my Estate) to be used for such purposes for the benefit of the Royal Ottawa Health Care Group as the Board of Directors of the FOUNDATION may, in its absolute and restricted discretion, from time to time determine. I declare that a receipt therefore from any officer, director or person authorized to accept donations on behalf of the FOUNDATION shall be a complete release and discharge of my Trustees with respect to the portion of my Estate being paid to the FOUNDATION.”
Endowment Gift
To deliver to the Royal Ottawa Foundation for Mental Health (“FOUNDATION”) the sum of $ _______ (or residue if that is the case) to be retained as a perpetual endowment and the income there from to be used for such purposes for the benefit of the Royal Ottawa Health Care Group as the Board of Directors of the FOUNDATION may, in its absolute and unrestricted discretion, from time to time determine. I declare that a receipt therefore from any officer, director, or person authorized to accept donations on behalf of the FOUNDATION shall be a complete release and discharge of my Trustees with respect to the portion of my Estate being paid to the FOUNDATION.
Specific Sum, Unrestricted Use
To deliver to the Royal Ottawa Foundation for Mental Health (“FOUNDATION “) the sum of $ ____ to be used for such purposes for the benefit of the Royal Ottawa Health Care Group as the Board of Directors of the FOUNDATION may, in its absolute and unrestricted discretion, from time to time determine. I declare that a receipt therefore from any officer, director, or person authorized to accept donations on behalf of the FOUNDATION shall be a complete release and discharge of my Trustees with respect to the portion of my Estate being paid to the FOUNDATION.
Specific Sum Precatory
To deliver to the Royal Ottawa Foundation for Mental Health (“FOUNDATION”) the sum of $ ____. Without imposing any restrictions upon this bequest, it is my wish that it be used by (specify purpose). I declare that a receipt therefore from any officer, director, or person authorized to accept donations on behalf of the FOUNDATION shall be a complete release and discharge of my Trustees with respect to the portion of my Estate being paid to the FOUNDATION.
Specific Gift of Tangible Property
To transfer and deliver to the Royal Ottawa Foundation for Mental Health (“FOUNDATION”) my (specific asset of item) to be retained or sold and it or the proceeds of any sale to be used for the benefit of the Royal Ottawa Health Care Group as the Board of Directors of the FOUNDATION may, in its absolute and unrestricted discretion, from time to time determine. I declare that a receipt therefore from any officer, director, or person authorized to accept donations on behalf of the FOUNDATION shall be a complete release and discharge of my Trustees with respect to the portion of my Estate being paid to the FOUNDATION.
Specific Sum, Specific Designation
To deliver to the Royal Ottawa Foundation for Mental Health (“FOUNDATION”) the sum of $ ________ to be used for (specify purpose). I declare that a receipt therefore from any officer, director, or person authorized to accept donations on behalf of the FOUNDATION shall be a complete release and discharge of my Trustees with respect to the portion of my Estate being paid to the FOUNDATION.
Power to Vary Purpose Clause
The following clause allows the Royal Ottawa Foundation for Mental Health (“FOUNDATION”) Board of Directors to alter the purpose for which a gift is used if changing circumstances make it impossible or impractical to carry out the original purposes. It is recommended that the clause be included, whenever possible, in the case of restricted or designated bequests.
If, in the opinion of the Board of Trustees of Royal Ottawa Health Care Group (“ROHCG”), it should become impossible, inadvisable, or impractical to use this gift for the specified purposes, then the gift shall be used for other purposes consonant with the spirit and intention of this gift, for the benefit of the ROHCG as the Board of Directors of the Royal Ottawa Foundation for Mental Health may, in its absolute and unrestricted discretion, from time to time determine.