By Lee Pruitt
Takeaways
- A new federal agreement allows government attorneys to seek
legal guardianship over homeless veterans, or those at risk of
homelessness, who are deemed unable to make their own health care
decisions.
- Supporters argue this policy is a necessary “lifeline” to move incapacitated veterans out of hospital limbo, while critics warn it is a serious threat to the veterans’ civil liberties and autonomy.
A new federal policy raises
urgent questions about care, autonomy, and what it means to serve those
who have served. Earlier this month, the Trump administration
announced
a significant action targeting homeless veterans in the form of a
formal agreement between the Department of Veterans Affairs (VA) and the
Department of Justice (DOJ). The policy gives VA attorneys new legal
power to pursue guardianship over veterans who are homeless or at risk
of becoming homeless.
The
policy has drawn praise from some quarters as a compassionate lifeline
for the most vulnerable veterans. Others are calling it a threat to
civil liberties that could strip men and women who served their country
of their fundamental right to make decisions for themselves.
What exactly is happening and what does it mean?
What the Policy Does
The new initiative gives
the DOJ authority to appoint VA lawyers as special assistant U.S.
attorneys, allowing them to initiate and participate in state court
guardianship cases or conservatorship proceedings. In plain terms,
government attorneys can now go to court to ask a judge to appoint a
legal guardian – often when a qualified family member is unavailable –
over a veteran who is deemed unable to make their own health care
decisions.
The stated
goal is to help veterans who are stuck in a kind of bureaucratic
purgatory. Without a legal decision-maker, some veterans become trapped
in limbo. That is, they may be medically stable, but unable to leave a
hospital because no one can legally authorize a discharge plan or
placement in long-term care. The administration argues that guardianship
can break that cycle.
VA
officials say the move is intended to help veterans transition from
prolonged hospital stays to appropriate care settings. A VA news release
states that “the appointment of a legal guardian or conservator can be a
lifeline for veterans in this situation.”
Who Could Be Affected by This New Policy
Nearly 33,000 veterans are experiencing homelessness in the U.S. Almost 14,000 of them live on the streets, according to a 2024 report from the Department of Housing and Urban Development (HUD).
The
VA said in a statement that the agency serves hundreds of veterans who
cannot make their own health care decisions and don’t have family or
legal representation, including those experiencing homelessness. VA
press secretary Peter Kasperowicz has emphasized that the policy is not
aimed at homeless veterans broadly, but rather at roughly 700 veterans
currently in VA facilities who lack the capacity to make decisions for
themselves and who don’t have anyone to make legal decisions for them.
Half of the nation’s homeless veterans
have a mental illness, and 70 percent struggle with substance use
disorders. These conditions can sometimes impair a person’s ability to
advocate for their own care.
Why Critics Are Alarmed
While supporters frame this
policy as a compassionate intervention, civil rights and advocacy
groups are raising serious concerns.
Unlike a civil commitment, which has an expiration date, guardianships
are designed to be permanent. These arrangements can be revisited
periodically, but the burden falls on the ward (in this case, the
veteran) to prove they should get their autonomy back.
Jennifer
Mathis, the deputy director at the Bazelon Center for Mental Health
Law, questioned whether guardianship is the right solution. She said
that if veterans are in VA hospitals and not discharged, it’s likely
because there aren’t enough services or housing for them, not because
they don’t have guardians to make decisions for them.
The National Coalition for Homeless Veterans
warned that “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.”
Veterans’
advocates also say that the phrase “at risk of homelessness” is vague
and undefined in the agreement. They worry the definition could expand,
such as applying to a veteran behind on rent or others in precarious but
not incapacitated situations.
What Supporters Say
Not everyone opposes the
initiative. Michael Figlioli, director of the National Veterans Service
for the Veterans of Foreign Wars, applauded the move, telling Newsweek
that “some of our nation’s most vulnerable veterans must be approached
through a public health and social services framework,” and that
guardianships can provide “structured support” for vulnerable veterans.
Stephen Eide, a homelessness expert at the Manhattan Institute, argued in the same Newsweek
piece that for some veterans with severe untreated conditions like
schizophrenia, “the choices are either no treatment or some kind of
involuntary treatment.” He did, however, acknowledge that executing such
a policy at the federal level “will require a lot of coordination
between police, social workers, state, and local governments.”
What Comes Next
The policy’s real-world
effects will depend heavily on how the guardianship powers are used, as
well as oversight and accountability of the guardians. Veterans who are
deemed in need of a guardian may benefit from being able to choose their
guardian.
For now, the
agreement is in effect. Veterans’ rights organizations, legal advocates,
and members of Congress will likely be watching closely. Veterans
themselves will need clear information about this policy, what it means
for them, and what resources are available to protect their well-being
and autonomy.
Resources for Veterans Experiencing Homelessness
If you are a veteran who is
homeless or at imminent risk of homelessness, help is available 24
hours a day, seven days a week: Call the National Call Center for
Homeless Veterans at (877) 4AID-VET (877-424-3838).
Here are other key organizations and programs:
Housing Assistance Programs
- HUD-Veterans Affairs Supportive Housing (HUD-VASH).
This program combines HUD’s Housing Choice Voucher rental assistance
for homeless veterans with case management and clinical services
provided by the VA. Contact your nearest VA medical center and ask about
HUD-VASH.
- Supportive Services for Veteran Families (SSVF).
Through referrals and direct outreach, nonprofit agencies use SSVF
funding to quickly house veterans and their families who are homeless
and to keep others from slipping into homelessness by providing
supportive services that promote housing stability.
- VA Grant and Per Diem Program.
State, local, and tribal governments and nonprofits receive funding to
develop and operate transitional housing for veterans who are homeless,
with a maximum stay of up to 24 months and a goal of moving veterans
into permanent housing.
- Disabled Veterans National Foundation – Homeless to Housing (H2H).
This program provides up to $2,000 to cover essential costs related to
securing permanent housing, such as security deposits and initial rent
payments, as well as up to $2,000 worth of essential household items.
Mental Health and Crisis Support
Legal Help
- Bazelon Center for Mental Health Law. The Bazelon Center advocates for the rights of people with mental disabilities.
- National Homelessness Law Center. NHLC provides legal resources and advocacy for people experiencing homelessness.
Find Local Help
You can also call or visit
your local VA Medical Center or Community Resource and Referral Center,
where VA staff are ready to help. Use the VA locator tool at va.gov/directory to find the nearest location.
Every
veteran deserves a home, health care, and the dignity of making their
own choices. If you or someone you know is at risk, please know that
help is available.
Additional Reading
For additional reading on topics relevant to veterans, check out the following articles:
Full Article & Source:
A New Push to Put Homeless Veterans Under Legal Guardianship
