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Conservatorship Services


Published: 2015

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The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF VETERANS' AFFAIRS

 

DIVISION 15
CONSERVATORSHIP SERVICES

274-015-0010
Conservatorship Fees
(1) As used in this rule:
(a) “Department”
means the Department of Veterans’ Affairs.
(b) “Protected person”
means a person for whom a protective order has been entered by a count that appoints
the Department as the conservator.
(c) "Ordinary services" means
ordinary and routine conservatorship services performed by the Department on behalf
of a protected person.
(d) "Unusual services" means
conservatorship services performed by the Department on behalf of a protected person
that are uncommon or unusual.
(e) “USDVA” means
the Unites States Department of Veterans’ Affairs.
(2) The Department will charge
the following fees when acting as the conservator of the estate of a protected person:
(a) For ordinary services,
7% of the income to the estate.
(b) For unusual services,
$40 per hour except for real property inspections. The fee for real property inspections
is $50 per inspection.
(3) The Department will impose
a fee on the following sources of income to the estate of a protected person:
(a) USDVA compensation.
(b) USDVA pension.
(c) USDVA accumulated benefits.
(d) USDVA death indemnity
compensation (DIC).
(e) USDVA death pension for
a surviving spouse or child.
(f) USDVA education.
(g) USDVA rehabilitation.
(h) Social Security.
(i) State retirement.
(j) Federal Civil Service
Retirement.
(k) Worker's compensation.
(l) Railroad retirement.
(m) Union pension.
(n) Life insurance annuity.
(o) Private disability insurance.
(p) Military retirement.
(q) Wages.
(r) Interest income on the
funds in the estate earned through investments made by the Oregon State Treasurer.
(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) 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.
Stat. Auth.: ORS 406.005, 406.050 &
406.100
Stats. Implemented: ORS 406.100,
406110 & 406.120, 2013 OL Ch. 258 & 190
Hist.: DVA 9-1987, f. 11-25-87,
ef. 12-1-87; DVA 4-1991, f. & cert. ef. 7-1-91; DVA 1-2012, f. & cert. ef.
2-22-12; DVA 3-2013(Temp), f. & cert. ef. 7-9-13 thru 1-3-14; DVA 7-2013(Temp),
f. 8-29-13, cert. ef. 8-30-13 thru 1-3-14; DVA 12-2013, f. 12-20-13, cert. ef. 1-1-14
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.
Stat. Auth.: ORS 406.030, 406.040,
406.050, 406.100, 113.085

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

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

The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
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