Can a foundation be changed from nonpermanent (sun-setting) to permanently endowed?

Question(s)

Can a foundation be changed from nonpermanent (sun-setting) to permanently endowed after the founder has passed? 

Example: When the Foundation was created the endowment was set to sunset after 30 years.  The donor passes during this 30 year period and the remaining family members want to change the foundation to a permanently endowed foundation.

Answer(s)

This is OK as long as either the articles of incorp. or bylaws, which ever one reflects this original intent, are updated properly.  Attention must also be paid to make sure there are not additional restrictions against amending the articles or bylaws contained in those documents (which is sometimes put in when the donor wants there not to be any changes, the so-called "dead hand" provisions).

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