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10 U.S.C. § 1044cAdvance medical directives of members and dependents: requirement for recognition by States

submitted 30 years ago by Pub. L. 104-106 to r/title-10-ARMED-FORCES · 333 words · no verdicts yet

in plain englishAI-generated · not legal advice

A translation hasn’t been published for this section yet. The official text below is complete and authoritative.

the actual law source: uscode.house.gov ↗public domain
(a)Instruments To Be Given Legal Effect Without Regard to State Law.—

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)Advance Medical Directives.—

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)Statement To Be Included.—
(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)States Not Recognizing Advance Medical Directives.—

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)Definitions.—

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.

Source credit: (Added Pub. L. 104–106, div. A, title VII, § 749(a)(1), Feb. 10, 1996, 110 Stat. 388.)

history & why it existsrecord from the source credit
  • 1996Enacted · Pub. L. 104-106 · 110 Stat. 388

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-106 on 1996-02-10.

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