What is the name of your state? Does federal juridstiction apply?
I have a question concerning "military medical directives" and "military power of attorney". In order to simplify legal matters for persons in the military, legislation has been passed to allow people in the military to use a "uniform" federal standard/style for advanced medical directives and for powers of attorney. This is designed to limit arguments/litigation over which state law applies to the servicemember. 10 U.S.C. 1044 says that states shall implement these directives "without regard to their own laws."
However, it appears that 10 U.S.C. 1044 only applies to people on "active duty" or "entitled to retired or retainer pay" (and some other categories).
So my question is this: If a person is discharged from active duty, does their "military medical directive" still control, regardless of any state laws. Or is the document simply disregarded? Or can states use it as evidence of intention or apply it if they deem it meets state requirements? Similarly, what about the "military power of attorney"?
The sample documents on the web don't mention time or juridstictional limits, and I haven't found a readily accessible source discussing the matter. It would be particularly interesting to hear about any cases/thought about the following situation: What if a person with a "military medical directive" is discharged, can a party then argue it is no longer valid?
I have a question concerning "military medical directives" and "military power of attorney". In order to simplify legal matters for persons in the military, legislation has been passed to allow people in the military to use a "uniform" federal standard/style for advanced medical directives and for powers of attorney. This is designed to limit arguments/litigation over which state law applies to the servicemember. 10 U.S.C. 1044 says that states shall implement these directives "without regard to their own laws."
However, it appears that 10 U.S.C. 1044 only applies to people on "active duty" or "entitled to retired or retainer pay" (and some other categories).
So my question is this: If a person is discharged from active duty, does their "military medical directive" still control, regardless of any state laws. Or is the document simply disregarded? Or can states use it as evidence of intention or apply it if they deem it meets state requirements? Similarly, what about the "military power of attorney"?
The sample documents on the web don't mention time or juridstictional limits, and I haven't found a readily accessible source discussing the matter. It would be particularly interesting to hear about any cases/thought about the following situation: What if a person with a "military medical directive" is discharged, can a party then argue it is no longer valid?