New MOU Lets VA Attorneys Seek Guardianship for Some Veterans

On March 11, 2026, the Department of Veterans Affairs and the Department of Justice signed a memorandum of understanding to help veterans who cannot make their own medical decisions. The MOU allows VA attorneys to be appointed as special assistant U.S. attorneys. As a result, VA lawyers can now initiate or participate in state court guardianship or conservatorship proceedings when no family or representative is available. The authority is presented as intended to promote safe transitions from hospital care to community or long-term services.

Advocacy groups and some lawmakers have criticized the move, while other veteran service organizations have expressed qualified support. Although a guardian can help a veteran access needed care, advocates warn that guardianship can be long lasting and may limit a person’s autonomy. Since the issue affects vulnerable and homeless veterans, leaders say careful safeguards and transparency are needed. About 33,000 veterans were counted as experiencing homelessness on a single night in recent federal counts, so the change could affect many people. Courts and local agencies will determine how the new authority is used, and many advocates say more community housing and services are also needed.