1. (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:

   1. (a) The United States Department of Veterans’ Affairs (VA);
   2. (b) The Social Security Administration;
   3. (c) The United States Department of Defense;
   4. (d) Defense Finance and Accounting Service;
   5. (e) Public Employees Retirement System;
   6. (f) Any other payor of benefits.

2. (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:

   1. (a) Up to four (4) percent of highest income source; or
   2. (b) As stated in applicable law governing the payor.
3. (3) The sources of income upon which DVA may impose a fee are as outlined in OAR 274-015-0010(2).

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

   1. (a) Whether the protected person has at least $2,000 in cash and investment assets;
   2. (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;
   3. (c) Whether the protected person receives public assistance;
   4. (d) Whether all foreseeable expenses have been taken into account in deciding what the needs of the protected person will be; and
   5. (e) Whether fees have been authorized by the payer of benefits.

Statutory/Other Authority

ORS 406.030, 406.040, 406.050, 406.100 & 113.085

Statutes/Other Implemented

ORS 406.030, 406.050, 406.100 & 406.110

History

DVA 1-2012, f. & cert. ef. 2-22-12