Peyton v. Peyton
Virginia Circuit Court
8 Va. Cir. 531 (1978)
- Written by Jamie Milne, JD
Facts
In 1967, the mother of Gordon Peyton (plaintiff) and Randolph Peyton (defendant) was judged incompetent, and Gordon and Randolph were appointed coguardians of the mother and her property. When the mother’s health deteriorated, it became necessary for her to live in a nursing home. For some time, Gordon paid for the nursing home and some of the mother’s other expenses. He later sued Randolph, seeking a judgment requiring Randolph to reimburse Gordon for half of the funds Gordon had expended to date for the mother’s care. Gordon relied on a Virginia statute requiring children to support their parent if the parent is in necessitous circumstances, meaning in a state of poverty and immediate financial need. Randolph argued that the statute did not render him liable for payment because the mother received Social Security and therefore fell under an exception negating the need to provide support if a parent is receiving public assistance. The trial court considered the parties’ arguments.
Rule of Law
Issue
Holding and Reasoning (Duff, J.)
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