10 U.S.C. § 1044c
Verified against govinfo.gov as of June 20, 2026View official text on govinfo.gov ↗
- (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.