Generally speaking, the spouse is the first guardian between husband and wife. However, if both parties are persons with limited or no capacity for civil conduct, neither can act as guardians of the other party; If one party is a person without or with limited capacity for civil conduct, and the other party is a person with full capacity for civil conduct, the party with full capacity for civil conduct is the first guardian of the other party. If both parties are persons with full capacity for civil conduct, guardians are not required.
 Legal basis:
 Article 28 of the Civil Code of the People's Republic of China
 An adult with no or limited capacity for civil conduct shall serve as guardian 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.