Short answer. Yes, but your remedy is limited. Article 1971 lets you recover the thing itself only while it remains with the incapacitated depositary; once it is gone, you can compel him to pay only the amount by which he was enriched — and you may pursue a third person who acquired it only if that person acted in bad faith.
What the law says
the depositor shall only have an action to recover the thing deposited while it is still in the possession of the depositary, or to compel the latter to pay him the amount by which he may have enriched or benefited himself with the thing or its price
Civil Code, Article 1971 — Deposit With an Incapacitated Depositary. Read the full provision →
What the law says
if a third person who acquired the thing acted in bad faith, the depositor may bring an action against him for its recovery
Civil Code, Article 1971 — Deposit With an Incapacitated Depositary. Read the full provision →
Why incapacity narrows your remedies
A deposit imposes real duties on the person who holds the thing, and someone without the capacity to contract cannot be held to the full weight of those obligations. The law protects the incapacitated person from being bound as a competent depositary would be — and, as a direct consequence, it trims what the depositor can demand. That is the trade-off Article 1971 sets out. You are not left without recourse, but your remedies are shaped by the fact that the person you chose to trust could not, in law, undertake everything an ordinary depositary undertakes.
Your two remedies against the depositary
The article gives the depositor a graduated remedy: the depositor shall only have an action to recover the thing deposited while it is still in the possession of the depositary, or to compel the latter to pay him the amount by which he may have enriched or benefited himself with the thing or its price. So if the thing is still in the incapacitated person's hands, you can recover the thing itself. If it is no longer there, you cannot demand its full value as damages; you can claim only the extent to which he was actually enriched or benefited by it or its price — the measure being his gain, not your loss.
Chasing the thing into someone else's hands
Where the property has passed on to a third person, recovery from that person depends on how he acquired it: if a third person who acquired the thing acted in bad faith, the depositor may bring an action against him for its recovery. Bad faith — knowledge that the thing was not the transferor's to give, or that it was held in deposit — exposes the acquirer to an action to return it. A third person who took it in good faith and for value, by contrast, is generally beyond your reach, which is why speed and the acquirer's knowledge are the facts that decide this branch of the case.
Act while the thing is still there
The practical lesson is plain: your strongest position is while the property remains with the depositary, because that is when you can recover the very thing rather than argue about how much he was enriched. Move promptly once you learn of the incapacity. Keep whatever shows what you deposited and with whom — a receipt, messages, a witness — since the enrichment measure and any bad-faith claim against a later holder both turn on proof. And treat this as a caution for next time: entrusting property to someone who cannot contract carries this built-in limit on getting it back.