The Department of Veterans Affairs, working with the Justice Department, plans to initiate legal steps to place into public guardianship veterans clinically determined to be incapable of making medical decisions for themselves. The effort will extend to veterans experiencing homelessness or at risk of homelessness. A homeless veteran walks along Veterans Row in West Los Angeles on Oct. 30, 2021. (Genaro Molina, Los Angeles Times via TNS)
WASHINGTON — Attorneys from the Department of Veterans Affairs — under direction from the Justice Department — are initiating legal steps to place veterans deemed incapable of caring for themselves under public guardianship and conservatorship, the agencies announced Wednesday.
The Justice Department will begin appointing VA attorneys as special U.S. assistant attorneys to participate in state court proceedings to move the “most vulnerable veterans” under public guardianship after a clinical determination, according to a written statement from the two agencies.
The effort will extend to some veterans who are homeless or at risk of homelessness but lack family support or legal representation.
They are individuals who’ve demonstrated that they are unable to make their own health care decisions, the two agencies said.
The federal government will seek guardianship or conservatorship via the state courts, under the terms of a newly signed memorandum of agreement between the VA and DOJ.
Conservatorship and guardianship are similar court-ordered processes for appointing an outside party to manage the affairs of an individual.
Up to 60% of the nation’s homeless veterans have a mental illness.
“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.
The memorandum states that VA medical professionals may determine that a veteran “lacks the capacity to make medical decisions and has no available legal decision maker.”
But the National Coalition for Homeless Veterans warned that such an expansion of legal authority over a veteran’s decision-making risks undermining the trust between veterans and the systems designed to support them.
“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 organization said following the announcement.
Approximately 33,000 veterans are considered homeless, according to the Office of Housing and Urban Development, which conducts an annual census of the nation’s homeless population.
Specially appointed VA attorneys will have the “legal authority to initiate and participate in state court guardianship or conservatorship proceedings in cases where a legal decision-maker is required for post-acute transitions of care for these vulnerable veterans,” according to a joint statement by the VA and DOJ.
The announcement came as a surprise to some lawmakers and veterans advocacy groups on Capitol Hill.
Sen. Richard Blumenthal, of Connecticut, the top Democrat on the Senate Veterans’ Affairs Committee, is reviewing the memorandum but has serious concerns about its implementation without prior congressional review, according to his office.
Disabled American Veterans, a nonprofit that advocates for veterans, said the organization just became aware of the initiative and is reviewing it before determining next steps.
There is scant data on the number of veterans nationwide under state-appointed public guardianship or conservatorship.
“In some circumstances, the appointment of a legal guardian can help veterans access treatment and transition safely to more appropriate care settings,” the National Coalition for Homeless Veterans said.
Mental health disorders among veterans may stem from the trauma of combat experiences, military sexual assault and challenges faced when transitioning to civilian life, according to the coalition.
Addiction to drugs and alcohol also is a common problem among the homeless veteran population.
“NCHV urges federal agencies to ensure that any new policy affecting vulnerable veterans is implemented with clear oversight, strong due process protections, and close coordination with community providers,” the coalition said.
