Civil Code Article 1094

Where both parents cannot exercise the rights nor assume the duties in regard to a minor child, or where the parents die without appointing any guardian by a will, or the appointed guardian refuses to be sworn in, the following shall be determined as the guardian in order(1) Grandparents living in the same household with the minor;(2) Elder brothers or sisters living in the same household with the minor;(3) Grandparents not living in the same household with the minor;Guardian, within 15 days after knowing being appointed as a guardian, shall report his/her name and residence to the court; he/she shall also apply for members, appointed by local government, in order to draw up an inventory of the ward’s property with those members.If the guardian could not be determined under paragraph 1, the court may, upon the application of the minor child, any relative within the fourth degree of kinship, the public prosecutor, competent authority, or the other interested person, for the best interests of the minor child, appoint or replace the child's elder collateral relative by blood within the third degree of relationship, competent authority, the social welfare institution, or any other proper person as the guardian, and order the way and manner of guardianship.The court shall also appoint members for drawing up an inventory of the ward’s property when appointing guardians under preceding paragraph or appointing/changing guardians under provisions of Article 1106 and Article 1106-1.In the absence of the guardian provided in the first paragraph, and before the appointment according to paragraph 3 of the provision being decided by the court, the local authorities of social welfare concerned shall be the guardian of the minor.