Tibor Rubin VA Medical Center (Photo: Jim Dwyer)
The U.S. VA and Justice departments announced a new agreement that allows federal attorneys to seek court-appointed guardians for certain Veterans who are unable to make their own medical decisions and do not have family members or legal representatives to assist them.
Under the arrangement, some VA attorneys will be designated as special U.S. assistant attorneys and will take part in guardianship or conservatorship cases filed in state courts. These legal proceedings could apply to Veterans who have been medically evaluated and determined to lack the capacity to manage important health care decisions on their own.
Federal officials said the process will be used when a Veteran has no legal decision-maker available to help coordinate care or approve medical transitions. In those cases, the government may ask a state court to appoint an independent guardian who would make certain decisions on the Veteran’s behalf.
“Our new partnership with the Justice Department reflects our ongoing commitment to ensuring that every Veteran receives timely, appropriate care, even in complex cases,” VA Secretary Doug Collins said in a prepared statement.
VA officials indicated that the first cases will likely involve a relatively small group of Veterans currently living in VA medical facilities. According to the agency, roughly 700 Veterans remain in those facilities because they do not have family members or legal representatives able to authorize transfers to other living arrangements or care settings.
When courts approve guardianship, a third-party guardian is typically assigned to help manage personal decisions such as medical treatment, housing arrangements, or financial matters. These court orders are overseen by state judicial systems and can be reviewed periodically.
Veterans who could fall under the policy are experiencing homelessness or are at risk of losing housing. Federal housing data estimates that about 33,000 Veterans across the United States are currently homeless. Many live in Southern California, particularly Los Angeles.
Advocacy organizations say that while guardianship can sometimes help individuals receive necessary care, it also removes important personal rights and must be handled carefully.
“Guardianship and other forms of involuntary intervention are serious legal actions that remove significant personal autonomy. They must be used sparingly, with strong safeguards, and always with the best interests and rights of the veteran at the center of the process,” the National Coalition for Homeless Veterans said.
The organization also stated that homelessness among Veterans is often connected to mental health conditions, substance addiction, or difficulties adjusting after leaving military service.
The policy has raised questions among some lawmakers. Sen. Richard Blumenthal (D-Conn.), the ranking Democrat on the Senate Veterans’ Affairs Committee, said his office is reviewing the agreement between the agencies and what it could mean for Veterans.
Veterans advocacy groups, such as Disabled American Veterans, said they recently learned about the policy and are reviewing the details before determining whether to support or oppose it.
Support organizations say oversight and legal protections will be important as the policy develops, especially for Veterans facing mental health challenges, homelessness, or complex medical needs.
Author: Rikki Almanza
Rikki is a Web Content Coordinator for the American Legion, Department of California. With a deep-rooted family connection to the military, Rikki is committed to using her skills and knowledge to provide valuable assistance and resources to servicemembers and veterans.
