10 U.S.C. § 1044c
Sections in this chapter
- § 1030
- § 1031
- § 1032
- § 1033
- § 1034
- § 1035
- § 1036
- § 1037
- § 1038
- § 1039
- § 1040
- § 1041
- § 1042
- § 1043
- § 1044
- § 1044a
- § 1044b
- § 1044c
- § 1044d
- § 1044f
- § 1044e
- § 1045
- § 1046
- § 1047
- § 1048
- § 1049
- § 1050
- § 1051a
- § 1051b
- § 1051c
- § 1052
- § 1053
- § 1053a
- § 1054
- § 1055
- § 1056
- § 1056a
- § 1057
- § 1058
- § 1059
- § 1060
- § 1060a
- § 1060b
- § 1060c
§ 1044c. Advance medical directives of members and dependents: requirement for recognition by States
- (a) An advance medical directive executed by a person eligible for legal assistance—
- (1) is exempt from any requirement of form, substance, formality, or recording that is provided for advance medical directives under the laws of a State; and
- (2) shall be given the same legal effect as an advance medical directive prepared and executed in accordance with the laws of the State concerned.
- (b) For purposes of this section, an advance medical directive is any written declaration that—
- (1) sets forth directions regarding the provision, withdrawal, or withholding of life-prolonging procedures, including hydration and sustenance, for the declarant whenever the declarant has a terminal physical condition or is in a persistent vegetative state; or
- (2) authorizes another person to make health care decisions for the declarant, under circumstances stated in the declaration, whenever the declarant is incapable of making informed health care decisions.
- (c)
- (1) Under regulations prescribed by the Secretary concerned, an advance medical directive prepared by an attorney authorized to provide legal assistance shall contain a statement that sets forth the provisions of subsection (a).
- (2) Paragraph (1) shall not be construed to make inapplicable the provisions of subsection (a) to an advance medical directive that does not include a statement described in that paragraph.
- (d) Subsection (a) does not make an advance medical directive enforceable in a State that does not otherwise recognize and enforce advance medical directives under the laws of the State.
- (e) In this section:
- (1) The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and a possession of the United States.
- (2) The term “person eligible for legal assistance” means a person who is eligible for legal assistance under section 1044 of this title .
- (3) The term “legal assistance” means legal services authorized under section 1044 of this title .
Change History
No history yet for this section.