OAR 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 (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.
Source:
Rule 274-015-0020 — Representative Payee, https://secure.sos.state.or.us/oard/view.action?ruleNumber=274-015-0020.