§1044c Advance Medical Directives of Members and Dependents: Requirement for Recognition by States

Summary

If you can get legal help, an advance medical directive you make must be accepted by a State even if it does not follow that State’s usual paperwork, form, or recording rules. The State must treat your directive the same as one made under its own laws. If an attorney who is allowed to give legal help prepares the directive, rules say it should include a short statement explaining this. Leaving out that statement does not stop the directive from being accepted. A State still does not have to enforce a directive if the State does not recognize advance medical directives at all. An advance medical directive — a written note that either gives instructions about life‑prolonging care (including food and water) when you are terminal or permanently unconscious, or names someone to make health decisions if you cannot. State — includes the District of Columbia, Puerto Rico, and U.S. possessions. Person eligible for legal assistance — someone who qualifies under section 1044. Legal assistance — legal services allowed under section 1044.