Wills, Estates & Trusts,
Probate,
Military Law
Jun. 4, 2026
The VA goes to probate court: protection or paternalism?
A little-known agreement between the DOJ and VA will allow federally appointed VA attorneys to seek state court conservatorships or guardianships for vulnerable veterans--particularly homeless veterans lacking decision-making capacity--prompting concerns about civil liberties, unfunded mandates on counties, and the federal government's refusal to release the underlying memorandum for public scrutiny.
4th Appellate District, Division 3
Eileen C. Moore
Associate Justice
California Courts of Appeal
Cases involving the Department of Veterans Affairs (VA) are usually filed in a federal court. But a different kind of case is about to arrive in state probate courts.
Due to both an Executive Order and a memorandum of understanding (MOU) between the United States Department of Justice (DOJ) and the VA, VA attorneys appointed as special assistant U.S. attorneys will request state courts to appoint guardians/conservators for veterans. To be more precise, what is publicly known abou...
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