Department of Veterans’ Affairs, Chapter 274
Rule Caption: Conservatorship fees, fee waiver and retraction of fee waiver
Adm. Order No.: DVA 12-2013
Filed with Sec. of State: 12-20-2013
Certified to be Effective: 1-1-14
Notice Publication Date: 11-1-2013
Rules Amended: 274-015-0010
Rules Repealed: 274-015-0010(T)
Subject: The Department filed this rule as a temporary rule on August 29, 2013 that is effective from August 30, 2013 through January 3, 2014. The rule is needed to implement Chapter 258, 2013 Oregon Laws (HB 2044) and Chapter 190, 2013 Oregon Laws (HB 2046), that amended ORS 406.100 and 406.110. The temporary rule is repealed and the new amended rule is adopted.
The amendments to ORS 406.100 (HB 2044, 2013) changed the fees the Department may charge when acting as a conservator for a protected person. The fees were “an amount not to exceed 5% of the income to the estate” for all ordinary and usual conservatorship services. The statute now allows the Department to charge a “reasonable” compensation for ordinary services. The amended rule provides that the Department will charge 7% for ordinary services, an hourly rate of $40 for unusual services and $50 per real property inspection. The amendments to ORS 406.110 (HB 2046, 2013) allow the Department to retract a previously granted waiver of all or a portion of the fees charged to the estate of a protected person.
The amendments to the rule include adding some definitions, and housekeeping for readability and clarity.
Rules Coordinator: Laurie Skillman—(503) 373-2016
(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.
(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
State Archives • 800 Summer St. NE • Salem, OR 97310