Legal basis: Civil Code of People's Republic of China (PRC).
Article 34 The duty of a guardian is to carry out civil legal acts on behalf of the ward and protect the personal rights, property rights and other legitimate rights and interests of the ward. The right of guardians to perform their guardianship duties according to law is protected by law. If a guardian fails to perform his guardianship duties or infringes upon the lawful rights and interests of the ward, he shall bear legal responsibility.
Article 27 Parents are guardians of minor children. If the parents of minors have died or have no guardianship, the following persons with guardianship shall serve as guardians in turn;
(1) grandparents, grandparents;
(2) brothers and sisters;
(three) other individuals or organizations are willing to act as guardians, but with the consent of the residents' committee, villagers' committee or civil affairs department of the minor's domicile.