Our Professionalism Spotlight series highlights Illinois legal professionals who demonstrate the ideals of professionalism in their careers.
In this Professionalism Spotlight, we spoke to Melissa Kallio, a Partner at Dutton Casey & Mesoloras, P.C. Her practice focuses exclusively on helping individuals navigate the legal and financial challenges of aging and disability, including Medicaid planning, adult guardianship, estate planning, special needs planning, and trust and estate administration.
She is one of only 10 Certified Elder Law Attorneys (CELA) in Illinois through the National Elder Law Foundation.
Melissa also serves as the president of the Illinois Chapter of the National Academy of Elder Law Attorneys, treasurer of the Veterans’ Legal Aid Society, and a member of M-Team, a volunteer multidisciplinary team working to combat abuse, neglect, and financial exploitation of vulnerable adults in Chicago.
November is National Family Caregivers Month and National Alzheimer’s Disease Awareness Month. In recognition of these observances, we spoke with Melissa about her work helping older adults and individuals with disabilities navigate complex legal challenges.
What professionalism qualities are most important in your role?
Elder law is so much more than just legal knowledge. I work with individuals with disabilities, older adults, and families who often find themselves in emotionally difficult situations. This requires listening patiently, respecting client choices, and treating each person with respect and compassion.
What is the biggest challenge for lawyers practicing in elder law today?
As with all areas of law, elder law faces challenges brought on by artificial intelligence.
Older adults are susceptible to financial exploitation, with AI making those scams more sophisticated and easier to perpetuate. We must reconcile the benefits AI can offer our practices while also protecting clients from negative consequences it can produce.
In addition, elder law attorneys must keep up with constant changes to public benefit rules and help clients address the increasing cost of care and limited caregiving resources.
What should people know about an elder law attorney’s role in helping clients plan for aging and disability?
I wish more people understood that an elder law attorney doesn’t simply prepare legal documents. Rather, we work with clients and their families to protect the quality of their lives as they face aging, disability, and death.
We anticipate problems before they turn into a crisis, help clients understand their options, and ensure their wishes are honored.
How can attorneys ensure that all clients feel respected and included in the legal process?
There is a simple answer: listen. When people meet with an attorney, they want to be heard. By listening to a client, you learn about their background, abilities, resources, and life experiences. This can help you better address a plan for them and understand what motivates their decisions.
For an elder law client who may be experiencing cognitive decline, what do attorneys need to be aware of to ensure the client can participate meaningfully in decisions?
As a starting point, a diagnosis (or cognitive decline in general) does not mean that a client automatically lacks the capacity to make decisions. Capacity exists on a spectrum.
A diagnosis must be acknowledged, but careful consideration should also be applied to the individual’s circumstances and their ability to meaningfully communicate and provide direction to their attorney.
Elder law clients often come to attorneys with competing family dynamics, and sometimes may present in a way that suggests they are vulnerable to abuse and neglect.
Attorneys must balance all these factors.
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