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Oregon Bulletin

April 1, 2012

Department of Veterans’ Affairs, Chapter 274

Rule Caption: Conservatorship Fees and Services.

Adm. Order No.: DVA 1-2012

Filed with Sec. of State: 2-22-2012

Certified to be Effective: 2-22-12

Notice Publication Date: 2-1-2012

Rules Adopted: 274-015-0020

Rules Amended: 274-015-0010

Subject: The amendment to 274-015-0010 is proposed in order to relieve the agency’s Loan Program from subsidizing the Conservatorship Program. ODVA is proposing to raise the fee amounts in three areas as follows: Property Management, Appraisal, and Inspection.

 The adoption of 274-0015-0020 provides for the agency to act as Representative Payee. The fee rate for this service is the amount which is federally allowed.

Rules Coordinator: Bruce Craig—(503) 373-2327

274-015-0010

Conservatorship Fees

(1) The Director of Veterans’ Affairs (DVA) may charge fees when acting as the Conservator of the estate of a protected person. The fees DVA may charge are as follows:

(a) For ordinary services, five percent of income to the estate;

(b) For unusual services:

(A) $40 per hour for real property management;

(B) Real property appraisal, actual cost;

(C) $50 per real property inspection.

(2) The sources of income upon which DVA will impose a fee are as follows:

(a) United States Department of Veterans Affairs (VA) Compensation;

(b) VA Pension;

(c) VA Accumulated Benefits;

(d) VA Death Indemnity Compensation (DIC);

(e) VA Death Pension (Spouse, Child);

(f) VA Education;

(g) VA Vocational Rehabilitation;

(h) Social Security;

(i) State Retirement;

(j) Federal Civil Service Retirement (CSA);

(k) Worker’s Compensation;

(l) Railroad Retirement;

(m) Union Pension;

(n) Life Insurance Annuity;

(o) Private Disability Insurance;

(p) Military Retirement;

(q) Wages;

(r) Interest Income Earned through investments made by the State Treasurer.

(3) As used in applicable Oregon Law and this rule, unless otherwise required by context:

(a) “Ordinary services” means services performed routinely for or on behalf of protected persons for whom DVA acts as conservator;

(b) “Unusual services” means services provided to protected persons that go beyond being ordinary or routine services. “Unusual services” include, but are not limited to, management of real property, real property appraisals, and real property inspections.

(4) In deciding whether all or a portion of the fees will be waived, the director shall consider the following:

(a) Whether the protected person has at least $2,000 in cash and investment assets;

(b) Whether, after payment of a fee, the protected person would have sufficient funds to pay all outstanding bills, and have money remaining to pay for such basic needs as food, shelter, clothing, and medical care;

(c) Whether the protected person receives public assistance;

(d) Whether all foreseeable expenses have been taken into account in deciding what the needs of the protected person will be.

(5) Fees waived by the Director shall still be submitted for court approval. Should funds become available, the Director may collect any outstanding fee balance.

Stat. Auth.: ORS 113.085, 406.030, 406.040, 406.050(5), 406.050(6) & 406.100
Stat. Implemented: ORS 406.050, 406.100, 406.110 & 406.120
Hist.: DVA 9-1987, f. 11-25-87, ef. 12-1-87; DVA 4-1991, f. & cert. ef. 7-1-91; DVA 1-2012, f. & cert. ef. 2-22-12

274-015-0020

Representative Payee

(1) The Director of Veterans’ Affairs (DVA) may act as Representative Payee on behalf of a person deemed to be financially incapable at the request of any of the following:

(a) The United States Department of Veterans’ Affairs (VA);

(b) The Social Security Administration;

(c) The United States Department of Defense;

(d) Defense Finance and Accounting Service;

(e) Public Employees Retirement System;

(f) Any other payor of benefits.

(2) The Director of Veterans’ Affairs (DVA) may charge fees when acting as the Representative Payee of a person deemed to be financially incapable. The fees DVA may charge are as follows:

(a) Up to four (4) percent of highest income source; or

(b) As stated in applicable law governing the payor.

(3) The sources of income upon which DVA may impose a fee are as outlined in OAR 274-015-0010(2).

(4) In deciding whether all or a portion of the fees will be waived, the Director shall consider the following:

(a) Whether the protected person has at least $2,000 in cash and investment assets;

(b) Whether, after payment of a fee, the protected person would have sufficient funds to pay all outstanding bills, and have money remaining to pay for such basic needs as food, shelter, clothing, and medical care;

(c) Whether the protected person receives public assistance;

(d) Whether all foreseeable expenses have been taken into account in deciding what the needs of the protected person will be; and

(e) Whether fees have been authorized by the payer of benefits.

Stat. Auth.: ORS 406.030, 406.040, 406.050, 406.100, 113.085
Stat. Implemented: ORS 406.030, 406.050, 406.100, 406.110
Hist.: DVA 1-2012, f. & cert. ef. 2-22-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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