1. (1) As used in this rule:

   1. (a) “Department” means the Department of Veterans’ Affairs.
   2. (b) “Protected person” means a person for whom a protective order has been entered by a count that appoints the Department as the conservator.
   3. (c) "Ordinary services" means ordinary and routine conservatorship services performed by the Department on behalf of a protected person.
   4. (d) "Unusual services" means conservatorship services performed by the Department on behalf of a protected person that are uncommon or unusual.
   5. (e) “USDVA” means the Unites States Department of Veterans’ Affairs.

2. (2) The Department will charge the following fees when acting as the conservator of the estate of a protected person:

   1. (a) For ordinary services, 7% of the income to the estate.
   2. (b) For unusual services, $40 per hour except for real property inspections. The fee for real property inspections is $50 per inspection.

3. (3) The Department will impose a fee on the following sources of income to the estate of a protected person:

   1. (a) USDVA compensation.
   2. (b) USDVA pension.
   3. (c) USDVA accumulated benefits.
   4. (d) USDVA death indemnity compensation (DIC).
   5. (e) USDVA death pension for a surviving spouse or child.
   6. (f) USDVA education.
   7. (g) USDVA rehabilitation.
   8. (h) Social Security.
   9. (i) State retirement.
   10. (j) Federal Civil Service Retirement.
   11. (k) Worker's compensation.
   12. (l) Railroad retirement.
   13. (m) Union pension.
   14. (n) Life insurance annuity.
   15. (o) Private disability insurance.
   16. (p) Military retirement.
   17. (q) Wages.
   18. (r) Interest income on the funds in the estate earned through investments made by the Oregon State Treasurer.
4. (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. (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.

Statutory/Other Authority

ORS 406.005, 406.050 & 406.100

Statutes/Other Implemented

ORS 406.100, 406110 & 406.120, 2013 OL Ch. 258 & 190

History

DVA 12-2013, f. 12-20-13, cert. ef. 1-1-14
DVA 7-2013(Temp), f. 8-29-13, cert. ef. 8-30-13 thru 1-3-14
DVA 3-2013(Temp), f. & cert. ef. 7-9-13 thru 1-3-14
DVA 1-2012, f. & cert. ef. 2-22-12
DVA 4-1991, f. & cert. ef. 7-1-91
DVA 9-1987, f. 11-25-87, ef. 12-1-87