Georgia § 44-15-6 - Modification of restrictions.

Full text of Georgia Official Code of Georgia Annotated § 44-15-6 — Modification of restrictions., with citation guidance and answers to common questions.

§ 44-15-6. Modification of restrictions.

If the donor or a donor's designee consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund. A release or modification may not allow an institutional fund to be used for a purpose other than a charitable purpose of the institution. The court, upon application of an institution, may modify a restriction contained in a gift instrument regarding the management or investment of an institutional fund if the restriction has become impracticable or wasteful, if it impairs the management or investment of such fund, or if, because of circumstances not anticipated by the donor, a modification of a restriction will further the purposes of such fund. The institution shall notify the Attorney General of the application, and the Attorney General shall be given an opportunity to be heard. To the extent practicable, any modification shall be made in accordance with the donor's probable intention. If a particular charitable purpose or a restriction contained in a gift instrument on the use of an institutional fund becomes unlawful, impracticable, impossible to achieve, or wasteful, the court, upon application of an institution, may modify the purpose of such fund or the restriction on the use of such fund in a manner consistent with the charitable purposes expressed in the gift instrument. The institution shall notify the Attorney General of the application, and the Attorney General shall be given an opportunity to be heard. If an institution determines that a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund is unlawful, impracticable, impossible to achieve, or wasteful, the institution, 60 days after notification to the Attorney General, may release or modify the restriction, in whole or part, if: The institutional fund subject to the restriction has a total value of less than $100,000.00; More than 20 years have elapsed since the institutional fund was established; and The institution uses the property in a manner consistent with the charitable purposes expressed in the gift instrument. (Code 1981, § 44-15-6 , enacted by Ga. L. 2008, p. 149, § 1/HB 972.)

Source: official Georgia text · Last verified 2026-08-27

Frequently Asked Questions About Georgia § 44-15-6

What does Official Code of Georgia Annotated § 44-15-6 cover?

Section 44-15-6 ("Modification of restrictions.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Georgia § 44-15-6?

A common citation format is "Official Code of Georgia Annotated § 44-15-6" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Georgia law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.

How does Georgia § 44-15-6 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.