A New York state judge has declined to recognize an Egyptian court's appointment of a son as his father's guardian. Brooklyn Supreme Court Justice Betsy Barros dismissed as contrary to the state's public policy the bid of Ahmed Mohamed Gabr to control the U.S. assets of his father, Mohamed Ahmed Mohamed Gabr. Instead, the judge appointed the elder man's wife, Sana'a, as his personal needs guardian.
This is an interesting matter of jurisdiction as the son was appointed guardian by an Egyptian court; however, As an initial matter, Barros had to weigh whether to recognize the validity of the Egyptian guardianship decision and grant it comity.
She observed that the foreign order relied "in large measure" on medical tests performed by the Egyptian Forensic Medical Department that found "organic diseases and senile dementia." Furthermore, Barros observed that Egyptian law stated it was "legally established that the guardianship be vested in the adult son, then the father, then in the grandfather and thereafter be vested in whoever the Court may chose."
But New York's law is "gender neutral" and even lists the spouse as the first appointee.
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