In the Matter of :
XXX,
An Incapacitated Person
XXX
XXX County
County Docket Number: XXX
Civil Action
RESPONSE TO ARIANA STAMPER’S ANSWER TO MOTION TO ADD XXX STAMPER TO THE GUARDIANSHIP OF XXX
COMES NOW, Aleesha Shea Stamper, and files this Response to Ariana Stamper’s
Answer to Motion to Add Aleesha Shea Stamper to the Guardianship of Barbara Bickley. In
support of this response, Aleesha states as follows:
FACTUAL BACKGROUND
The instant contention in this case is based on the appointment of XXX (hereinafter “Ariana”), and the dispute on the addition of Aleesha Shea Stamper
(hereinafter “XXX), as one of the Guardians of XXX the incapacitated person.
On or about XXX filed three motions namely: motion to review
guardianship conduct; motion to review guardianship placement; and motion to appoint
guardianship mentor. Aleesha also requested oral argument if the matter is contested. (Exhibit-
Master Guardianship Exhibit, page 1).
On or about January XXX Ariana filed an Answer to Motion to Add Aleesha Shea
Stamper to the Guardian of XXX In the said answer, Ariana argued inter alia, that
XXX and Ariana Stamper are the correct Guardians of XXX Ariana has
spent $11,007.18 of her own funds and without reimbursement on XXX before and
after guardianship was established; XXX is not fit to be guardian of XXX;
XXX may not qualify for the $500,000 bond required for XXX care; XXX should not
be added as third party to the Guardianship; XXX and XXX are the correct choice for
guardians; and oral arguments should be denied.
XXX files this Response to Ariana’s Answer to XXX Motion to Add XXX
to the Guardianship of XXXX
ARGUMENTS
i. Ariana Stamper is unfit to be GAL
A guardian ad litem’s function is to protect the interests of a minor or allegedly
incompetent adult in a particular litigation. S.T. v. 1515 Broad Street, LLC, 455 N.J. Super. 538,
553 (App. Div. 2018) (explaining a guardian ad litem’s function "is ‘to insure the protection of
the rights and interests of a litigant who is apparently incompetent to prosecute or defend the
lawsuit’" (quoting In re S.W., 158 N.J. Super. 22, 25-26 (App. Div. 1978))); Julius v. Julius, 320
N.J. Super. 297, 309 (App. Div. 1999) (distinguishing a guardian ad litem from a guardian of
person or property). Accordingly, the guardian ad litem serves "as ‘the eyes of the court’ to
further the [client’s] ‘best interests.’" In re Mason, 305 N.J. Super. 120, 127 (Ch. Div. 1997).
Aleesha contends that Ariana has failed to meet the aforesaid requirements and/or duties
as the Guardian ad Litem for Barbara. Being a tax attorney, Ariana is very adept at fabricating
expenses and costs. She kept pestering Aleesha to gain access to Barbara’ accounts, yet she
admitted she had not paid anything and was not entitled to any reimbursement. (Exhibit- Master
Guardianship Exhibit, page 15). She even attempted to impersonate Barbara via codes that
were sent to Barbara’s phone. She did not care about Barbara’s safety and wellbeing because at
the time she was seeking access to Barbara’s accounts, Barbara had fallen and was unwell.
(Exhibit- Master Guardianship Exhibit, page 16). It is also worth noting that Ariana has
Kleptomania, which is the inability to resist the urge to steal items for personal use and for
financial gain. For instance, on September 2018, when Aleesha allowed Ariana in her house,
Ariana left with some of Aleesha’s belongings. Aleesha later found her lost belongings at
Ariana’s home. (Exhibit- Master Guardianship Exhibit, page 28).
Ariana also kept pushing for the Power of Attorney so that she could access Barbara’s
money. She herself stated that she knew the POA no longer applied because Barbara was
incapacitated. (Exhibit- Master Guardianship Exhibit, page 19). Further, Ariana was caught
on FaceTime secretly trying to pressure Barbara to sign over her POA to her. (Exhibit- Master
Guardianship Exhibit, page 19). Further, Ariana falsely claimed that she used a spreadsheet to
pay back the expenses incurred in taking care of Barbara. However, the Spreadsheet is blank and
has never been used to pay anyone. Ariana also failed to pay the arrears as directed by the Judge.
(Exhibit- Master Guardianship Exhibit, page 51).
Besides, on or about July 13, 2020, the three sisters, Ariana Stamper, Aleesha Shea, and
Alana, had an agreement where all the three sisters would be involved in the guardianship of
Barbara. (Exhibit- Master Guardianship Exhibit, page 4). In the agreement, Alana and
Aleesha had agreed to do all care while Ariana filed the guardianship paperwork. Ariana
breached the agreement by failing to honor her obligations. (Exhibit- Master Guardianship
Exhibit, page 5).
Ariana lied to the court on different occasions. For instance, Ariana stated that the great
Aunt XXX wrote a letter in favor of Ariana and Josephine being guardians. Aleesha called
the Aunt and found out that she did no such thing. (Exhibit- Master Guardianship Exhibit,
page 20). Aunt XXX later died shortly thereafter. It is interesting to note that Ariana’s
own mother called her a liar. (Exhibit- Master Guardianship Exhibit, page 30).
Ariana also forbade Aleesha from saying goodbye to their maternal grandmother.
Everyone else was there but Aleesha only appeared on FaceTime. (Exhibit- Master
Guardianship Exhibit, page 20).
Under Ariana’s watch, Barbara Bickley lacks a proper medical care. (Exhibit- Master
Guardianship Exhibit, page 2). Interestingly, by August 15, 2020, she did not know who
Barbara’s doctor was. (Exhibit- Master Guardianship Exhibit, page 22). She also did not
know Barbara’s allergies to medications; did not know Barbara’s birthday; and did not know
Barbara’s full names. (Exhibit- Master Guardianship Exhibit, page 25).
It is also notable that XXXX does not trust Ariana as GAL. On diverse instances,
she called out Ariana for stalling. (Exhibit- Master Guardianship Exhibit, page 21). She also
did not want Ariana to be in charge. (Exhibit- Master Guardianship Exhibit, page 22). Ariana
further pretended to fill out the guardianship papers in the three sisters’ names. However, she did
not do this. In fact, Aleesha had to hire an accountant friend to do an inventory of their aunt’s
assets, which was Ariana’s duty. (Exhibit- Master Guardianship Exhibit, page 23). Further,
Ariana tricked Aleesha to feed information and essentially filled out the guardianship application
for her. (Exhibit- Master Guardianship Exhibit, page 23).
In light of the foregoing, it is evident that Ariana is unfit to be GAL for Barbara Bickley.
ii. Aleesha Shea should be added as Guardian of Barbara Bickley
A guardian ad litem’s function is to protect the interests of a minor or allegedly
incompetent adult in a particular litigation. S.T. v. 1515 Broad Street, LLC, 455 N.J. Super. 538,
553 (App. Div. 2018) (explaining a guardian ad litem’s function "is ‘to insure the protection of
the rights and interests of a litigant who is apparently incompetent to prosecute or defend the
lawsuit’" (quoting In re S.W., 158 N.J. Super. 22, 25-26 (App. Div. 1978))); Julius v. Julius, 320
N.J. Super. 297, 309 (App. Div. 1999) (distinguishing a guardian ad litem from a guardian of
person or property). Accordingly, the guardian ad litem serves "as ‘the eyes of the court’ to
further the [client’s] ‘best interests.’" In re Mason, 305 N.J. Super. 120, 127 (Ch. Div. 1997).
Aleesha asserts that she has all it takes to be appointed Guardian ad litem for Barbara
Bickley. Contrary to Ariana’s assertions, Aleesha has done (and keeps doing) a lot for Barbara.
For example, she repaired Barbara’s heat A/C, and made usre Barbara’s electric did not cut off.
(Exhibit- Master Guardianship Exhibit, page 33). Aleesha has been taking Barbara to various
doctors and specialists since 2008. She also paid her friends to check in on Barbara before her
fall. (Exhibit- Master Guardianship Exhibit, page 34). Interestingly, Ariana is aware that
Barbara has no access to food or transportation for 16 months, but did nothing. (Exhibit- Master
Guardianship Exhibit, page 33). Accordingly, Aleesha has still been sending Barbara boxes of
groceries all the time and has been checking on her frequently. (Exhibit- Master Guardianship
Exhibit, page 3). Aleesha has been sending Barbara the boxes of grocery yet she is frequently
made the target of Barbara’s paranoia, which results from her dementia. To further demonstrate
Aleesha’s care for Barbara, Aleesha has been making Barbara yearly photobooks for memory
care. (Exhibit- Master Guardianship Exhibit, page 34).
Aleesha has incurred debts and expenses in taking care of Barbara. She has been buying
food, groceries, and new furniture for Barbara, out of her own pocket. (Exhibit- Master
Guardianship Exhibit, page 50). However, she has never been paid back for her expenses. Her
business is suffering. Besides, Ariana ignored the judge’s order to pay back Aleesha and Alena.
(Exhibit- Master Guardianship Exhibit, page 48). She, Ariana, also owes Alana a lot of
money.
It is also notable that before her dementia, Barbara trusted Aleesha more than any other
person. For instance, Barbara lived with her mother in Aleesha’s college apartment. (Exhibit-
Master Guardianship Exhibit, page 6). Further, Aleesha had to physically bear bruises from
lifting Barbara, being disabled herself, without pay (Exhibit- Master Guardianship Exhibit,
page 8).
Further, Aleesha is involved in mental health programs. For instance, she posts in online
support groups for people who have family members suffering from mental illness. (Exhibit-
Master Guardianship Exhibit, page 26).
Aleesha’s also extends her care to Josephine. For instance, twice a year, she flies from
California to New Jersey to manage Josephine’s life. (Exhibit- Master Guardianship Exhibit,
page 62). This shows the caring nature of Aleesha, which a necessary quality for a Guardian ad
Litem. Further, Aleesha also has knowledge in Estate Law. (Exhibit- Master Guardianship
Exhibit, page 64).
It is also notable that on or about January 29, 2021, the GAL Ms. Farro agreed to the
appointment of a mentor. According to the GAL, the appointment would ensure that oversight is
more efficient. However, the court failed to acknowledge the GAL’s recommendation. The court
erroneously stated that the current GALs would check each other’s work. (Exhibit- Master
Guardianship Exhibit, page 2).
In light of the foregoing, it is evident that Aleesha qualifies to be Guardian ad Litem for
Barbara. Nothing precludes her from offering her care and attention to Barbara in the said
capacity. Further, Aleena’s appointment as GAL is necessitated by the inability of Ariana to
serve as GAL based on Ariana’s blameworthy conduct.
CONCLUSION
WHEREFORE, this Court should find Ariana unable to fulfill her duties as Guardian ad
Litem based on Ariana’s lying, stealing, and failure to take proper care of Barbara. Accordingly,
Aleesha prays this Court denies and dismisses Ariana’s Answer to Aleesha’s Motion to be
included as Guardian ad Litem for Barbara. Aleesha further prays this Court grant her prayers in
the Motion to be added as GAL for Barbara, and appoint Aleesha Shea as the GAL. Lastly,
Aleesha prays for any other order this Court deems just.
Respectfully submitted,
DATED: __________
Signature
______________________________
XXX
– 7 –
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that, on this ______ day of __________, XXX, a copy of the
foregoing was mailed to:
XXX
DATED: _____________
Signature
______________________________XXX
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