Oregon State Archives
The Oregon Administrative Rules contain OARs filed through April 15, 2013 
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION
DEPARTMENT OF VETERANS' AFFAIRS
DEPARTMENT OF VETERANS' AFFAIRS
DIVISION 15
CONSERVATORSHIP SERVICES
274-015-0010
Conservatorship Fees
(1) The Director of Veterans' Affairs (DVA) may charge fees when acting as the Conservator of the estate of a protected person. The fees DVA may charge are as follows:
(a) For ordinary services, five percent of income to the estate;
(b) For unusual services:
(A) $40 per hour for real property management;
(B) Real property appraisal, actual cost;
(C) $50 per real property inspection.
(2) The sources of income upon which DVA will impose a fee are as follows:
(a) United States Department of Veterans Affairs (VA) Compensation;
(b) VA Pension;
(c) VA Accumulated Benefits;
(d) VA Death Indemnity Compensation (DIC);
(e) VA Death Pension (Spouse, Child);
(f) VA Education;
(g) VA Vocational Rehabilitation;
(h) Social Security;
(i) State Retirement;
(j) Federal Civil Service Retirement (CSA);
(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 Earned through investments made by the State Treasurer.
(3) As used in applicable Oregon Law and this rule, unless otherwise required by context:
(a) "Ordinary services" means services performed routinely for or on behalf of protected persons for whom DVA acts as conservator;
(b) "Unusual services" means services provided to protected persons that go beyond being ordinary or routine services. "Unusual services" include, but are not limited to, management of real property, real property appraisals, and real property inspections.
(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.
(5) Fees waived by the Director shall still be submitted for court approval. Should funds become available, the Director may collect any outstanding fee balance.
Stat. Auth.: ORS 113.085, 406.030,
406.040, 406.050(5), 406.050(6) & 406.100
Stats. Implemented: ORS 406.050,
406.100, 406.110 & 406.120
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
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. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use