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

Summary

Advance medical directives made by people who get legal help under section 1044 must be accepted even if they do not follow a State’s usual form, wording, or recording rules. States must treat those directives the same as ones made under the State’s own laws. If a State does not recognize advance medical directives at all, this does not force the State to enforce them. An advance medical directive is a written statement that either tells doctors to give, stop, or refuse life‑prolonging treatments (including hydration and sustenance) when someone is terminal or in a persistent vegetative state, or names another person to make health decisions if the person cannot. If an attorney who provides legal help prepares the directive, rules require a short statement explaining the State-exemption rule, but leaving that statement out does not remove the directive’s effect. “State” includes DC, Puerto Rico, and U.S. possessions. “Person eligible for legal assistance” and “legal assistance” refer to eligibility and services under section 1044.