MOTION TO ADD

In the Matter of :

XXX,
An Incapacitated Person

XXX

County Docket Number: XXX
Civil Action

RESPONSE TO XXX STAMPER’S ANSWER TO MOTION TO ADD XXX STAMPER TO THE GUARDIANSHIP OF XXX
COMES NOW,XXX Stamper, and files this Response to XXX Stamper’s
Answer to Motion to Add XXX Stamper to the Guardianship of XXX. In
support of this response,XXX states as follows:

FACTUAL BACKGROUND

The instant contention in this case is based on the appointment of XXX (hereinafter “Ariana”), and XXX as Guardians of XXX, the
incapacitated person. Ariana is disputing the addition of XXX (hereinafter
“Aleesha”), as one of the Guardians of XXX.
Ariana avers that XXX, who is incapacitated and demented, appointed two
powers of attorney and one medical power of attorney. Specifically, she avers that Barbara
appointed her (Ariana) as her medical power of attorney over her medical decisions, and
XXX (her aunt, age 90) and XXX (her former sister-in-law, and oldest
friend of 50 yearrs), as the general powers of attorney.
Aleesha’s contention that necessitates this response is that she was tricked her to do work
to establish the guardianship of XXX. For completing the said work, Ariana in turn
would put three names into the guardianship paper work to wit, Ariana, XXX, and Alana.
Further, the alleged Power of Attorney no longer applies since XXX is incapacitated.

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However, after XXX completed every task as she was expected to, XXX only filed
with the names of XXX- the parties’ mother, and herself. This is a breach of the agreement
the parties had entered. It is also interesting to note that XXX was not even served with the
paper work.
XXX further avers that XXX is a thief and she only included her name in the
guardianship papers for financial gain and medical control. She also suffers from Kleptomania.
On the other hand, XXX, the parties’ mother is mentally and physically ill. She did not even
show up in court throughout the proceeding of the instant matter. This shows that the inclusion
of Ariana’s and Josephine’s name into the paperwork was erroneous.
XXX and XXX also failed to pay Aleesha for home care services and
administration.
On or about June X, 20XX, Aleesha 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 X, 20XX, Ariana filed an Answer to Motion to Add XXX
to the Guardian of XXX. In the said answer, Ariana argued inter alia, that
XXX and XXX 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; Aleesha Shea is not fit to be guardian of XXX;
Aleesha may not qualify for the $500,000 bond required for Babara’s care; XXX should not
be added as third party to the Guardianship; Ariana and Josephine 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 XXX.
ARGUMENTS
i. Ariana Stamper is unfit to be Guardian

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Unlike an attorney, a guardian determines what action is in the individual’s best interest
and advocates for that position. See Vill. Apartments of XXX (App. Div. XXX).
Further, in the handling of the affairs of [an] incompetent, "the guardian should be
authorized to act as a reasonable and prudent [person] would act [in the management of his
own estate] under the same circumstances, unless there is evidence of any settled intention of the
incompetent, formed while sane, to the contrary." (Emphasis added). See In XXX (Ch.Div. XXX; (quoting In re Guardianship of Christiansen,
XXX (1967)).
Ariana asserts that XXX appointed her (Ariana) as her medical power of attorney over
her medical decisions. Aleesha contends that Ariana has failed to meet the requirements and/or
duties as the Guardian for Barbara. All through her guardianship, she has not acted reasonably
and prudently as required by the law. See In re XXX
(Ch.Div. XXX). She has also failed to determine matters in the best interest of XXX,
First, 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 XXX, when XXX allowed Ariana in her house, Ariana left with some of
XXX belongings. XXX 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 XXX money. She herself stated that she knew the POA no longer applied because Barbara was

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incapacitated. (Exhibit- Master Guardianship Exhibit, page 19). Further, XXX 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. XXX 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, XXXr, XXX, 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
XXX 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 XXX only appeared on FaceTime. (Exhibit- Master
Guardianship Exhibit, page 20).
Under Ariana’s watch, XXX lacks a proper medical care. (Exhibit- Master
Guardianship Exhibit, page 2). Interestingly, by August 15, 20XX, she did not know who
Barbara’s doctor was. (Exhibit- Master Guardianship Exhibit, page 22). She also did not
know XXX 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 noteworthy
that as a real estate investor, Ariana only approves of decisions that benefit her portfolio and/or
rental income. (Exhibit- Master Guardianship Exhibit, page 44).

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It is also notable that XXX does not trust Ariana as guardian. 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). XXX further pretended to fill out the guardianship papers in the three sisters’ names.
However, she did not do this. In fact, XXX 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 XXX 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 GUARDIAN for XXX.

ii. Josephine is unfit to be guardian
Unlike an attorney, a guardian determines what action is in the individual’s best interest
and advocates for that position. See Vill. Apartments of XXX (App. Div. 20XX).
Further, in the handling of the affairs of [an] incompetent, "the guardian should be
authorized to act as a reasonable and prudent [person] would act [in the management of his
own estate] under the same circumstances, unless there is evidence of any settled intention of the
incompetent, formed while sane, to the contrary." (Emphasis added). See In re Trott, XXX; (quoting In re Guardianship of XXX
XXX contends that XXX does not meet the requirements to be guardian. She is in
no capacity to reasonably and prudently handle the affairs of Barbara. First, XXX has OCD
that manifests as hoarding and a fear of joint replacement surgery. (Exhibit- Master
Guardianship Exhibit, page 35). XXX also refuses binge eating medications, ADHD
medications, pain medications, and weight loss procedures. (Exhibit- Master Guardianship
Exhibit, page 38).XXX personally took XXX to doctors all who agreed that XXX
needed surgery. Besides, she refused C-Section contrary to advice from the doctors. It is for that

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reason that she let a layperson perform a complex operation leading to the birth of physically
injured and brain damaged child (XXX). (Exhibit- Master Guardianship Exhibit, page 36).
It follows; Josephine’s phobia and conduct negatively affects the family. For instance,
XXX, XXX mother, suffered head trauma and a broken wrist as a result of
falling caused by XXX hoarding tendencies. (Exhibit- Master Guardianship Exhibit,
page 37). There is an instance where Aleesha lacked a place to stay due to XXX hoarding,
when she went to care for XXX. (Exhibit- Master Guardianship Exhibit, page 38).
Aleesha also lacked a proper place to live since she was 16, as a result of XXX hoarding.
(Exhibit- Master Guardianship Exhibit, page 41).Further, Alana secretly hired a haul junk
company without XXX knowledge to take away rotten wood since XXX would have
been enraged if she was aware of that. (Exhibit- Master Guardianship Exhibit, page 41). It is
also a fact that hoarders are always afraid of moving. Therefore, XXX would always oppose
the movement of XXX close to her relatives since she would be expected to do the same.
(Exhibit- Master Guardianship Exhibit, page 45).
Josephine also attempted to block Elizabeth’s routine cautery procedure for fear she
would bleed to death. With regard to XXX, XXX used her phobia for surgery to influence
XXX to have an irrational fear for botched surgery. On one occasion that was captured on
video, XXX had agreed to a leg surgery but her guardians, Josephine and Ariana, had denied
her the surgery. (Exhibit- Master Guardianship Exhibit, page 39). Accordingly, just like
XXX has an inability to sit up properly.
Besides, XXX is well aware of XXX stealing tendencies. However, XXX
brushes the stealing concerns off by stating that it is irrelevant to the handling of Barbara’s
finances.
It is also notable that Ariana has previously agreed to XXX ineptitude as
GUARDIAN. For instance, XXX texted XXX that XXX does not open her email to
confirm the status of the life insurance. (Exhibit- Master Guardianship Exhibit, page 40). It is

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also noteworthy that XXX never showed up in court throughout the proceeding of the instant
matter. (Exhibit- Master Guardianship Exhibit, page 43).
In light of the foregoing, it is evident that XXX cannot take care of herself. She is
mentally ill, physically disabled, and almost going blind. She is therefore not in a position to take
care of Barbara, who is incapacitated and vulnerable.

iii. XXX should be added as Guardian of XXX
The role of a guardian of an incapacitated person’s estate is largely statutory. In re
Guardianship of XXX
prescribe a guardian’s powers to manage an incapacitated person’s estate. See In XXX. Under this statutory scheme, a guardian of an incapacitated person may:
expend or distribute so much or all of the income or principal of his ward for
the support, maintenance, education, general use and benefit of the ward . . . ,
in the manner, at the time or times and to the extent that the guardian, in an
exercise of a reasonable discretion, deems suitable and proper.
Further, in the handling of the affairs of [an] incompetent, "the guardian should be
authorized to act as a reasonable and prudent [person] would act [in the management of his
own estate] under the same circumstances, unless there is evidence of any settled intention of the
incompetent, formed while sane, to the contrary." (Emphasis added). See In XXX); (quoting In re Guardianship of Christiansen,
XXX.
Aleesha asserts that she has all it takes to be appointed guardian for XXX.
Contrary to XXX assertions, XXX has done (and keeps doing) a lot for XXX. For
example, she repaired XXX heat A/C, and made usre XXX electric did not cut off.
(Exhibit- Master Guardianship Exhibit, page 33). Aleesha has been taking XXX to various
doctors and specialists since 2008. She also paid her friends to check in on XXX before her
fall. (Exhibit- Master Guardianship Exhibit, page 34). Interestingly, XXX is aware that
Barbara has no access to food or transportation for 16 months, but did nothing. (Exhibit- Master

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Guardianship Exhibit, page 33). Accordingly, Aleesha has still been sending XXX boxes of
groceries all the time and has been checking on her frequently. (Exhibit- Master Guardianship
Exhibit, page 3). XXX has been sending XXX the boxes of grocery yet she is frequently
made the target of XXX, 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 XXX. 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 XXX and XXX.
(Exhibit- Master Guardianship Exhibit, page 48). She, XXX, 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 XXX college apartment. (Exhibit-
Master Guardianship Exhibit, page 6). Further, XXX 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 XXX. For instance, twice a year, she flies from
California to XXX to manage XXX life. (Exhibit- Master Guardianship Exhibit,
page 62). This shows the caring nature of Aleesha, which a necessary quality for a guardian.
Further, XXX also has knowledge in Estate Law. (Exhibit- Master Guardianship Exhibit,
page 64).
It is also notable that on or about January XX, 20XX, the guardian Ms. Farro agreed to the
appointment of a mentor. According to the guardian, the appointment would ensure that

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oversight is more efficient. However, the court failed to acknowledge the guardian’s
recommendation. The court erroneously stated that the current guardians 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 a guardian for Barbara.
Nothing precludes her from offering her care and attention to XXX in the said capacity.
Further, Aleena’s appointment as guardian is necessitated by the inability of Ariana to serve as
guardian based on XXX  blameworthy conduct.
CONCLUSION

WHEREFORE, this Court should find Ariana unable to fulfill her duties as guardian
based on XXX  lying, stealing, and failure to take proper care of XXX. Accordingly,
Aleesha prays this Court denies and dismisses Ariana’s Answer to XXX Motion to be
included as guardian for XXX  further prays this Court grant her prayers in the
Motion to be added as guardian for XXX, and appoint XXX as the guardian. Lastly,
Aleesha prays for any other order this Court deems just.

Respectfully submitted,
DATED: __________

CERTIFICATE OF SERVICE

Signature
______________________________
XXX

XXX

– 10 –

I HEREBY CERTIFY that, on this ______ day of __________, 2022, a copy of the
foregoing was mailed to:
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX
XXX

DATED: _____________

Signature
______________________________
XXX
XXX
XXX

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