Tab 1
Strengthening Federal Oversight, Data Collection & Accountability for Veterans Under Guardianship
Policy Recommendations for the
House Committee on Veterans' Affairs
Kate Caldwell PhD[1], Hope Sparks PhD[2] & Heather Swadley JD, PhD[3]
Immediate Congressional Oversight
1. Require Comprehensive Annual Reporting to Congress
2. Direct the GAO to Conduct an Independent National Study
3. Require Independent Third-Party Evaluation of Federal Guardianship Activities
4. Increase Transparency Around Federal Guardianship Activities
Building National Data Infrastructure
5. Establish a National Guardianship Data Initiative
6. Create a Federal Guardianship Data Clearinghouse
7. Incentivize State Data Reporting & Court Modernization
8. Establish Veterans Decision-Making & Guardianship Oversight Demonstration Program
9. Support Community-Led Research & Participatory Oversight
In March 2026, the Department of Veterans Affairs (VA) and the Department of Justice (DOJ) announced a Memorandum of Understanding (MOU) establishing a new federal mechanism allowing VA attorneys to initiate and participate in state guardianship and conservatorship proceedings involving certain veterans who are determined to lack healthcare decision-making capacity and have no available surrogate decision-maker. Shortly thereafter, the Administration's FY 2027 budget request proposed additional funding to support contracted guardianship services for veterans in VA medical facilities.
These actions represent a significant expansion of federal involvement in state guardianship systems. At the same time, Congress currently lacks even basic information about how many veterans are subject to guardianship, how guardianship decisions are made, whether less restrictive alternatives are considered, or what outcomes veterans experience following appointment of a guardian. As federal involvement expands, so too must federal transparency, oversight, and accountability.
Congress should require the Secretary of Veterans Affairs, in coordination with the Department of Justice, to submit an annual report to the House and Senate Committees on Veterans' Affairs regarding implementation of the VA–DOJ Memorandum of Understanding and federal involvement in guardianship proceedings.
At a minimum, the report should include:
Purpose: Provide Congress with the information necessary to oversee expanding federal involvement in guardianship while protecting veterans' civil rights.
Congress should direct the Government Accountability Office (GAO) to conduct a comprehensive evaluation of guardianship involving veterans.
The study should examine:
Purpose: Provide Congress with an independent evidence base for future legislative and administrative reforms.
Congress should require an independent evaluation of implementation of the VA–DOJ MOU and any federally funded guardianship contracts within one year of implementation and at regular intervals thereafter.
The evaluation should assess:
Evaluation findings should be transmitted to Congress and released publicly in accessible formats.
Purpose: Ensure independent oversight rather than relying solely on agency self-monitoring.
Congress should require the VA and DOJ to provide the Committees with implementation guidance, training materials, referral protocols, screening criteria, contracting documents, and other materials necessary to understand how the VA–DOJ MOU is being operationalized. Congress should also require detailed justification and oversight of proposed funding for contracted guardianship services, including anticipated caseloads, contractor qualifications, performance measures, oversight mechanisms, and safeguards to prevent unnecessary or inappropriate use of guardianship.
Purpose: Ensure that federal guardianship initiatives operate transparently and that appropriated funds are used consistently with veterans' civil rights and due process protections.
Congress should authorize and fund a national initiative to develop standardized guardianship data definitions, reporting requirements, and performance measures in collaboration with state courts, disability organizations, veterans' organizations, aging organizations, judicial leaders, and researchers.
Purpose: Create nationally comparable data on guardianship prevalence, demographics, disparities, and outcomes.
Direct the Administration for Community Living (ACL), in partnership with the DOJ and the National Center for State Courts (NCSC), to establish an annual national reporting system that compiles standardized state guardianship data and publishes publicly accessible reports.
Purpose: Improve transparency, support policy evaluation, and provide Congress with reliable national information.
Provide competitive grants and technical assistance to states adopting standardized guardianship reporting systems, statewide case management infrastructure, and interoperable data systems consistent with national reporting standards.
Purpose: Strengthen state capacity while respecting state authority over guardianship law.
Rather than focusing solely on improving guardianship processes, Congress should also authorize a demonstration program to evaluate models that prioritize less restrictive alternatives and community-based supports.
The demonstration should test:
Evaluation should compare outcomes between veterans receiving these supports and those entering guardianship proceedings.
Purpose: Identify evidence-based approaches that promote autonomy while reducing unnecessary reliance on guardianship.
Fund partnerships led by disability organizations, veterans' organizations, aging advocates, Tribal organizations where appropriate, and academic institutions to improve guardianship data quality, evaluate system performance, and incorporate the lived experiences of veterans and others directly affected by guardianship.
Purpose: Ensure that reforms are informed by those most directly affected.
[1] Center for Racial & Disability Justice, UCLA School of Law
[2] Disability Policy Research Fellow, Northwestern University
[3] Research Fellow, University of Pennsylvania