Oregon Administrative Rules
Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS
Division 15 - CONSERVATORSHIP SERVICES
Section 274-015-0020 - Representative Payee

Universal Citation: OR Admin Rules 274-015-0020

Current through Register Vol. 63, No. 9, September 1, 2024

(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

Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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