Due to the impossibility of cognitive functioning and obstacles in exercising their rights and interests if they are endangered, adults may be deprived of their legal capacity and placed under guardianship. The decision on deprivation of legal capacity is made by the court and the procedure of placing persons under guardianship and appointment of guardians is carried out by social welfare centers. Taking in to consideration changes in the practice of social work and other supporting professions with an emphasis on user participation as a new feature in the development of quality relationships between users and professionals, the paper presents theoretical paradigms important for preserving user perspectives. Following these changes, as well as the accession of the Republic of Croatia to the European Union and the adoption of its documents, especially the European Convention for the Protection of Human Rights and Fundamental Freedoms and the judgment of the European Court of Human Rights, led to awareness of violations of basic human rights of persons with mental disabilities and adults deprived of legal capacity and the need to enact new legislation.The Center for Special Custody was established, a new Law on the Protection of Persons with Mental Disabilities and a new Family Law were passed with the important novelty which is the impossibility of complete deprivation of legal capacity. Despite the positive changes, the experts of the social welfare centers are still faced with multiple problems and inability to meet the professional and ethical principles burdened by direct custody. At the end of the paper, a comparative analysis of custody for adults of some countries of the European Union and the region is presented with the purpose of questioning the preservation of the perspective of users. The preventive form of protection of a person with mental disorders and a person who is unable to protect their rights and interests, and at the same time to the greatest extent enables the preservation of promising users, is a concept of supported decision-making, which should be developed in Croatia.