(1) As used in this rule:
(a) “Department” means the Department of Veterans’ Affairs.
(b) “Protected person” means a person for whom a protective order has been entered by a count that appoints the Department as the conservator.
(c) "Ordinary services" means ordinary and routine conservatorship services performed by the Department on behalf of a protected person.
(d) "Unusual services" means conservatorship services performed by the Department on behalf of a protected person that are uncommon or unusual.
(e) “USDVA” means the Unites States Department of Veterans’ Affairs.
(2) The Department will charge the following fees when acting as the conservator of the estate of a protected person:
(a) For ordinary services, 7% of the income to the estate.
(b) For unusual services, $40 per hour except for real property inspections. The fee for real property inspections is $50 per inspection.
(3) The Department will impose a fee on the following sources of income to the estate of a protected person:
(a) USDVA compensation.
(b) USDVA pension.
(c) USDVA accumulated benefits.
(d) USDVA death indemnity compensation (DIC).
(e) USDVA death pension for a surviving spouse or child.
(f) USDVA education.
(g) USDVA rehabilitation.
(h) Social Security.
(i) State retirement.
(j) Federal Civil Service Retirement.
(k) Worker's compensation.
(l) Railroad retirement.
(m) Union pension.
(n) Life insurance annuity.
(o) Private disability insurance.
(p) Military retirement.
(r) Interest income on the funds in the estate earned through investments made by the Oregon State Treasurer.
(4) The Director of Veterans’ Affairs may waive all or any portion of the fees charged under section (2) of this rule if the director finds that payment of a claim, or a portion thereof, would pose a hardship to the protected person or would deplete the protected person’s estate.
(5) The director may retract a waiver made under subsection (4) of this rule if the director finds that payment of the claim, or a portion thereof, would no longer pose a hardship to the person from whose estate the claim is payable, or would no longer deplete the estate.
Stat. Auth.: ORS 406.005, 406.050 &
Stats. Implemented: ORS 406.100, 406110 & 406.120, 2013 OL Ch. 258 & 190
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; DVA 3-2013(Temp), f. & cert. ef. 7-9-13 thru 1-3-14; DVA 7-2013(Temp), f. 8-29-13, cert. ef. 8-30-13 thru 1-3-14; DVA 12-2013, f. 12-20-13, cert. ef. 1-1-14
(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
Stats. Implemented: ORS 406.030, 406.050, 406.100, 406.110
Hist.: DVA 1-2012, f. & cert. ef. 2-22-12
Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • firstname.lastname@example.org
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