Section 1044c - Advance medical directives of members and dependents: requirement for recognition by States(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.Added Pub. L. 104-106, div. A, title VII, §749(a)(1), Feb. 10, 1996, 110 Stat. 388.STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104-106, div. A, title VII, §749(b), Feb. 10, 1996, 110 Stat. 389, provided that: "Section 1044c of title 10, United States Code, shall take effect on the date of the enactment of this Act [Feb. 10, 1996] and shall apply to advance medical directives referred to in that section that are executed before, on, or after that date."
- includes
- "includes" means "includes but is not limited to"; and
- Secretary concerned
- The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.