Short answer. No. Article 1986 of the Civil Code says that when a depositor loses capacity after making the deposit, the item may only be returned to the persons who have administration of the depositor's property and rights. A family member without that legal authority does not qualify.
What the law says
the thing cannot be returned except to the persons who may have the administration of his property and rights
Civil Code, Article 1986 — Depositor Loses Capacity. Read the full provision →
What Article 1986 requires
When a depositor was fully capable at the time of deposit but later loses that capacity, the situation changes. The original right to demand return belonged to the depositor personally. Because the depositor can no longer exercise legal acts, Article 1986 steps in: the thing cannot be returned except to the persons who may have the administration of his property and rights. Only someone with legally recognized authority over the depositor's affairs — not simply a relative — can receive the item. The depositary who returns it to an unauthorized family member does so at its own risk.
Why family relationship alone is not enough
Being a child, sibling, or spouse of the depositor does not automatically give a person the legal right to demand back the deposited item. Without a guardianship order, a judicial declaration of authority, or some other legal basis for administering the depositor's affairs, that family member is a private individual with no more right to the item than a stranger would have. The depositary's obligation runs to the depositor, and when the depositor is incapacitated, it passes to whoever the law has placed in charge of protecting the depositor's interests — not whoever shows up first claiming family ties.
Who does have the right to receive it
The persons with legal administration of the incapacitated depositor's property are those formally appointed to that role. This could be a guardian appointed by a court, or whoever holds legal authority to act for the depositor's estate or person under applicable law. The key requirement is that the authority is legally recognized, not self-declared. If someone claims to be the depositor's authorized representative, you are entitled to ask for proof — a court order, letters of guardianship, or other documentation establishing that authority.
What to do now as the depositary
Do not release the item to the family member based on their request alone, no matter how urgent they say the situation is. Politely explain that the law does not permit you to return the item without proper authority being shown. Ask whether a court has appointed a guardian or administrator, and request documentation. Meanwhile, keep the item safe. If the family member escalates or threatens legal action, that is precisely why you need to wait for proper authority — releasing the item to the wrong person exposes you to liability. The safest path is to hold the item until authorized persons come forward with proof of their legal standing.