VA And DOJ Agreement Allows Federal Attorneys To Pursue Guardianship For Veterans Without Decision-Making Capacity
The U.S. Department of Veterans Affairs (VA) and the Department of Justice (DOJ) signed a memorandum of understanding allowing DOJ to appoint VA attorneys as special assistant U.S. attorneys to pursue guardianship for veterans who lack decision-making capacity.
The agreement is expected to apply to approximately 700 veterans currently receiving care in VA facilities who are unable to make their own medical decisions and lack family or legal representatives. When asked to comment, Pete Kasperowicz, VA press secretary, said the agreement is not a policy specific to homeless veterans, but rather applies to individuals who lack capacity to make medical decisions and do not have a legal surrogate.
The agreement addresses cases where veterans remain in VA facilities because no authorized decision-maker is available to approve discharge or placement in a more appropriate care setting. Some of these individuals are homeless or at risk of homelessness, but the primary eligibility factor is the lack of decision-making capacity and absence of a legal representative.
Under the agreement, VA attorneys may initiate and participate in state court guardianship or conservatorship proceedings when a legal decision-maker is required. Courts may appoint independent third-party guardians, who are responsible for making care decisions and are accountable to the court rather than the VA.
According to the VA, appointing a guardian or conservator may help reduce unnecessary hospital stays and support transitions to appropriate care settings.
More information about the MOU is posted at VA, DOJ Sign Agreement to Improve Care for Nation’s Most Vulnerable Veterans (accessed March 18, 2026).
For more information, contact: Public Relations Deputy Director, U.S. Department of Veterans Affairs, 810 Vermont Avenue Northwest, Washington, District of Columbia 20420; 202-461-7600; Email: vapublicaffairs@va.gov; Website: https://www.va.gov/
