Fabio
00a184bb3c
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
66 lines
3.7 KiB
Markdown
66 lines
3.7 KiB
Markdown
---
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type: "LegalText"
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title: "10 U.S.C. § 1044c"
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description: "Advance medical directives of members and dependents: requirement for recognition by States"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 10
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title_name: "ARMED FORCES"
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chapter_number: "53"
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chapter_name: "MISCELLANEOUS RIGHTS AND BENEFITS"
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section: "1044c"
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citation: "10 U.S.C. § 1044c"
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status: "current"
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release_point: "119-100"
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release_date: "2026-06-26"
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source: "official"
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
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source_identifier: "/us/usc/t10/s1044c"
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source_file: "data/legal/raw/us/code/title-10/usc10.xml"
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source_hash: "191feafe3f5249ebbfec45a5c204936ee5abae2ca0b29b5178c89b9bcfa3e169"
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raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
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text_hash: "611a3f24ce60d6e98df2d468914092b6f3a331c49090fd04e42525c51a27185c"
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retrieved_at: "2026-07-04"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 10 U.S.C. § 1044c - Advance medical directives of members and dependents: requirement for recognition by States
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## Text
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(a) Instruments To Be Given Legal Effect Without Regard to State Law.— An advance medical directive executed by a person eligible for legal assistance—
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(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
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(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.
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(b) Advance Medical Directives.— For purposes of this section, an advance medical directive is any written declaration that—
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(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
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(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.
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(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).
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(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.
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(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.
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(e) Definitions.— In this section:
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(1) The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and a possession of the United States.
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(2) The term “person eligible for legal assistance” means a person who is eligible for legal assistance under section 1044 of this title.
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(3) The term “legal assistance” means legal services authorized under section 1044 of this title.
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(Added Pub. L. 104–106, div. A, title VII, § 749(a)(1), Feb. 10, 1996, 110 Stat. 388.)
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## Notes
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Statutory Notes and Related Subsidiaries
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Effective Date of 1996 AmendmentPub. L. 104–106, div. A, title VII, § 749(b), Feb. 10, 1996, 110 Stat. 389, 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.”
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