(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.
(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.
(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.
(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.)
Section 749(b) of Pub. L. 104–106 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.”