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(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.