Arkansas Legal Resource Navigator

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

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 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 sectio

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1044c

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: ddb2ed470ea5f2b2f22e4cebd988a24b8b3bf4fc4fdd59cd8cf40bcca3a066a1. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_30dca0908af37a3348536e9b
Source file: Laws/federal/codes/united-states-code/title-10/section-1044c-advance-medical-directives-of-members-and-dependents-requirement-for-rec--7e12b1e754.md
Pages: Not recorded – Not recorded
Passage SHA-256: 87906a21147789486bdef80bd2760db882b5dcf925d855175e1c5a2fbf6c372f

Source location: Title 10, Chapter 53, § 1044c; chapter-053-miscellaneous-rights-and-benefits.md

Stored source content

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044&num=0&edition=prelim). (3) The term “legal assistance” means legal services authorized under [section 1044 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044&num=0&edition=prelim).

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1044 — Legal assistance

**(a)** Subject to the availability of legal staff resources, the Secretary concerned may provide legal assistance in connection with their personal civil legal affairs to the following persons: (1) Members of the armed forces who are on active duty. (2) Members and former members entitled to retired or retainer pay or equivalent pay. (3) Officers of the commissioned corps of the Public Health Service or the commissioned officer corps of the National Oceanic and Atmospheric Administration who are on active duty or entitled to retired or equivalent pay. (4) Members of reserve components not covered by paragraph (1) or (2) following release from active duty under a call or order to active duty for more than 30 days issued under a mobilization authority (as determined by the Secretary), for a period of time (prescribed by the Secretary) that begins on the date of the release and is not less than twice the length of the period served on active duty under that call or order to active duty. (5) Dependents of members and former members described in paragraphs (1), (2), (3), and (4). (6) Survivors of a deceased member or former member described in paragraphs (1), (2), (3), and (4) who were dependents of the member or former member at the time of the death of the member or former member, except that the eligibility of such survivors shall be determined pursuant to regulations prescribed by the Secretary concerned. (7) Civilian employees of the Federal Government serving in locations where legal assistance from non-military legal assistance providers is not reasonably available, except that the eligibility of civilian employees shall be determined pursuant to regulations prescribed by the Secretary concerned. **(b)** Under such regulations as may be prescribed by the Secr

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1044

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1044c — Advance medical directives of members

Page 931 TITLE 10—ARMED FORCES § 1044d (Added Pub. L. 103–160, div. A, title V, § 574(a), Nov. 30, 1993, 107 Stat. 1674.) § 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 pro- vided 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 exe- cuted in accordance with the laws of the State concerned. (b) ADVANCE MEDICAL DIRECTIVES.—For pur- poses of this section, an advance medical direc- tive is any written declaration that— (1) sets forth directions regarding the provi- sion, withdrawal, or withholding of life-pro- longing procedures, including hydration and sustenance, for the declarant whenever the de- clarant 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 cir- cumstances stated in the declaration, when- ever the declarant is incapable of making in- formed health care decisions. (c) STATEMENT TO BE INCLUDED.—(1) Under regulations prescribed by the Secretary con- cerned, an advance medical directive prepared by an attorney authorized to provide legal as- sistance 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 para- graph. (d) STATES NOT RECOGNIZING AD

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1044c

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.