How do I obtain guardianship?

Xiao Wang's three brothers, their parents divorced in the early years, and Xiao Wang and his brother lived together with their mother. Later, Xiao Wang's mother suffered from cerebral thrombosis, brain atrophy, and delirium for many years, and now Xiao Wang applied to declare her mother a person without capacity for civil conduct and appointed herself as the guardian of her mother.

Xiao Wang's younger brother stated that since 2015, his mother has suffered from cerebral thrombosis, brain atrophy, delirium for many years, life can not take care of themselves, no language expression ability, and now in the nursing home, my eldest brother Xiao Wang is responsible for the relevant affairs and expenses. Agreed to declare my mother incapacity for civil conduct, and Xiao Wang as my mother's guardian.

After trial, it was found that Xiao Wang's mother had been hospitalized in the Fourth Affiliated Hospital of China Medical University on May 22, 2015, and was diagnosed with acute lung cysts, type I respiratory failure, and cerebral infarction. A nursing home in SY City issued a situation statement: Xiao Wang's mother was admitted to the nursing home on August 1, 2007, and the patient suffered from cerebral thrombosis, completely unable to take care of himself in defecation, slow movement, and was a nursing care type. In 2015, his condition worsened, he could not eat on his own, he was delirious, he was completely bedridden, he relied on nasal feeding every day, and required 24-hour nursing care.

The court held that, according to Article 21 of the Civil Code of the People's Republic of China, an adult who cannot recognize his or her own conduct is a person without capacity for civil conduct, and his legally-designated representative shall act as an agent to carry out civil juristic acts. Article 24 provides that for an adult who cannot or cannot fully identify his or her own conduct, his interested parties or relevant organizations may apply to the people's court to determine that the adult is a person without capacity for civil conduct or a person with limited capacity for civil conduct. Referring to the inpatient case of the Fourth Affiliated Hospital of China Medical University, the explanation issued by dongxing nursing home in SY City, and the actual physical condition of Xiao Wang's mother, the court found that she was a person without capacity for civil conduct.

With regard to the applicant Xiao Wang's application to the court to appoint him as a guardian, in view of the fact that Xiao Wang is now in charge of his mother's affairs, and the remaining two brothers have agreed to declare his mother a person without capacity for civil conduct and have Xiao Wang act as guardian. Therefore, this court grants permission to the applicant Xiao Wang's application for guardianship of his mother.