The Hidden Catch With Donor-Advised Funds: Who Really Controls the Money?

Let's talk about one of the most popular charitable giving vehicles in wealth management today: the donor-advised fund. For years, tax professionals have praised these accounts as a highly flexible way to support your favorite causes while maximizing your tax benefits. You contribute appreciated assets, claim an immediate charitable deduction, bypass capital gains taxes, and take your time deciding which charities will ultimately receive the funds.

It sounds like a perfect setup, but a high-profile legal dispute over a $21 million account is putting a spotlight on a critical reality many taxpayers overlook. Once your money goes into a donor-advised fund, it legally belongs to the charity, not you.

Charitable giving and tax planning

The Mechanics Behind the Tax Deduction

A donor-advised fund functions as a charitable giving account sponsored by a public charity. The process is straightforward: you make an irrevocable contribution of cash, stock, or even real estate. In return, you receive an immediate tax deduction for the year the contribution is made. The assets can then grow tax-free, and you get to recommend grants to various charities over time.

This structure allows taxpayers to separate the timing of their tax deduction from the actual charitable gift. Many use this strategy to "bunch" several years' worth of giving into a single, high-income tax year to push themselves over the standard deduction threshold. Driven by these powerful tax advantages, donor-advised funds held more than $326 billion in assets nationwide as of 2024.

The $21 Million Dispute Over Legal Control

While the tax benefits are clear, the issue of ongoing control is where things can get murky. A recent legal dispute involving a Colorado-based charitable foundation called WaterStone perfectly illustrates this tension.

The lawsuit centers on Philip Peterson, who became the successor advisor to a fund originally established by his late father. According to court filings, Peterson claims the sponsoring charity stopped communicating with him and refused to consider his recommendations for future grants. WaterStone counters that the original agreement granted them full discretion over grant decisions, arguing they are under no legal obligation to follow a donor's recommendations.

This case highlights a fundamental distinction when contributing to a DAF: they are donor-advised, not donor-controlled. When you transfer assets, the gift is irrevocable, and legal ownership transfers entirely to the sponsoring charity. Your future grant recommendations are exactly that—advisory, not binding.

Legal documents and estate planning

Navigating Generational Wealth and Estate Planning

This legal precedent is particularly critical for families who intend to use donor-advised funds as a multi-generational legacy tool. Many sponsors allow you to name successor advisors—such as children or grandchildren—to continue recommending grants long after you pass away.

However, the fine print varies drastically from one sponsoring organization to the next. Some institutions happily accommodate multiple generations of advisory privileges. Others enforce strict limits on successor advisors or mandate that the fund be terminated and distributed after a certain period. If preserving a family legacy of philanthropy is your goal, failing to understand these internal policies could derail your intentions.

Key Questions Before You Contribute

Before making a significant transfer, sit down with your tax advisor and the fund sponsor to ask:

  • Can I name successor advisors, and how many generations are permitted?
  • Under what specific circumstances will the sponsor deny a grant recommendation?
  • Can the fund be transferred to a different sponsoring organization later?
  • What happens to the remaining balance if no successor is named?
  • What level of discretion does the sponsoring charity retain?

Securing Your Charitable Intent for the Long Haul

None of this means donor-advised funds are a flawed vehicle. They remain one of the most effective tools for managing high-income years, avoiding capital gains on appreciated stock, and executing complex charitable planning strategies. The key is transparency and upfront planning. You receive the immediate tax benefits, but you must be comfortable with the reality that legal control resides with the charity.

If you are evaluating your charitable giving plan or want to ensure your estate planning aligns with your philanthropic goals, we are here to help. Schedule a consultation with our team today to review your charitable tax strategies and find the right vehicle for your family's legacy.

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