The VA Fiduciary Program and VA guardianship rules (particularly the new VA-DOJ framework announced in March 2026) both address support for vulnerable veterans who lack capacity to manage aspects of their lives, but they operate in distinct yet potentially overlapping ways. The VA Fiduciary Program is a federal, VA-specific mechanism focused narrowly on financial management. VA determines if a veteran (due to injury, disease, age, or minority) cannot manage their VA benefits. The new VA guardianship rules, however, allow for broader decision-making over a veteran, which can include health care decisions, living arrangements, and a veteran’s overall personal welfare. Historically, VA has limited involvement here, but the recent VA-DOJ Memorandum of Understanding (MOU, March 2026) enables VA attorneys (appointed as special assistant U.S. attorneys by DOJ) to initiate and participate in state court proceedings to seek guardianship for certain unrepresented veterans—especially those unable to make health care decisions, lacking family/legal support, and needing it for post-acute care transitions (including some homeless or at-risk veterans in VA facilities). Both target impaired or incapacitated veterans to protect their interests and well-being. Attorneys should be prepared to advocate for veterans in either situation.
