Priorities according to which the guardianship is granted

The guardianship of the interdicted shall be granted in the following order: 1. To the other spouse in the event the interdicted person is married except, if there is a separation of persons and assets judicially declared and/or they are de facto separated on account of differences or being legally incapable for any other reason; 2. To the father, or to the mother in the absence of father; 3. To the major children, if he has, the eldest being preferable, except, if the judge, after hearing the Public Ministry is of the opinion that some others are in a better position to hold the charge; 4. To the person who is appointed by family council. In this case however, the care or guardianship of the interdicted shall not be entrusted to the person who is likely to succeed in it. § Sole paragraph - The persons who have given cause to the insanity, by their criminal acts or merely objectionable acts committed to the prejudice of the interdicted persons, cannot be appointed as guardians.