(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 (Conservatorship Fees)(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.
Rule 274-015-0020 — Representative Payee,