Or. Admin. Code § 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.

Notes

Or. Admin. Code § 274-015-0020

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

Stat. Auth.: ORS 406.030, 406.040, 406.050, 406.100, 113.085

Stats. Implemented: ORS 406.030, 406.050, 406.100, 406.110