Legal basis: Civil Code of People's Republic of China (PRC).
Article 27 Parents are guardians of minor children.
If a minor's parents are dead or have no guardian, the following qualified guardians shall serve as guardians in turn:
(1) grandparents, grandparents;
(2) brothers and sisters;
(3) Other individuals or organizations willing to act as guardians, but they must obtain the consent of the residents' committee, villagers' committee or the civil affairs department where the minors live.
Article 28 For adults without or with limited capacity for civil conduct, the following qualified guardians shall serve as guardians in turn: (1) spouses;
(2) parents and children;
(3) Other close relatives;
(4) Other individuals or organizations willing to act as guardians, but they must obtain the consent of the residents' committee, villagers' committee or civil affairs department of the ward's domicile.