Background: This involves a United Church of Christ church, not Mormon. Finances are supposed to be and generally are open and accessible to all.

When my mother died 4 years ago, a memorial fund was set up by my dad at the church, where he's a member, in her name called the (her name) Memorial Music Fund. It was to be used to hire musicians, pay for music, etc, with the understanding that all expenditures that use $ from the fund were to recieve prior authorization from my dad or in his absence, his children. Last summer there was $2405 in the account, but his choir director friend discovered last month that the account had been emptied and used without my dad's permission for a projection system for the church, which he is quite against, btw.

My question is, is this illegal misappropriation of funds, or simply unethical? I'm about to talk with the Administrator at this church, and am not sure of the legality. I'm taking over since this is upsetting my dad. He just doesn't need this kind of crap. I want the money put back ASAP.



Edited 1 time(s). Last edit at 02/19/2014 12:49PM by serena.

I am not a legal expert...and I know nothing about memorial funds at all...but I think it's important to know whether this "understanding" was in writing or not.

What, exactly, WAS in writing? (If there was an "understanding" that your Dad's permission, OR, IN HIS ABSENCE, HIS CHILDREN's permission, was required...where, exactly, was this written down, and signed, by the relevant parties?)

And what, exactly, legal papers were involved? (This would be a matter of state law, but the legal papers might have included a "contract," a "trust," a "living trust," etc.)

In other words: What is the legal structure of this "Music Memorial Fund"?

I think it depends on how it is set up. Often paperwork will include a clause allowing for it to be used for other needs in certain cases (eg scholarship for a woman can go to a man if no women fitting the requirements apply). If this is NOT the case, legally they are in the wrong, but it depends on what official documentation was established. Personally, I see this as unethical and would hope church leaders would correct it upon request.

Was the understanding about the use of the money in written form?

Yep - key is what is in writing. I have been on council, financial secretary and am currently on memorial committee at a Lutheran church. The memorial has a specific title and is therefore designated and funds should not be used from that fund for any other purpose than the designation. Now if the projector system that was purchased is for the purpose of projecting words for music sung by the congregation, then it would, in my opinion fall under the category of music. But if it is in writing that your family has final approval on all expenses, and you didn't give it, then it appears to me the church spent the money in error and should replace the money in the memorial fund. Research the details.