After marriage, if one spouse is a person without civil capacity, then the married spouse is the first guardian. If the spouse is a person with full civil capacity, the spouse has no guardian.
Article 28 of the General Principles of the Civil Law states that adults without or with limited capacity for civil conduct shall be guardians in the following order:
（1） Spouse;
（2） Parents and children;
（3） Other close relatives;
（4） Any other individual or organization willing to act as guardian shall, however, obtain the consent of the residents' committee, the villagers' committee or the civil affairs department in the place where the guardian resides.
