A La Plata County man has been arrested on suspicion of stealing more than $17,000 from his mother while living with her.
According to an arrest affidavit, Andrew Powell, 63, stole the money from his 86-year-old mother, Marietta Powell. He was charged with theft from an at-risk individual, identity theft and forgery – all felonies.
The affidavit said Marietta Powell originally noticed $6,000 missing from her checking account in September. She contacted the La Plata County Sheriff’s Office and said she suspected her son had taken the money out of the account.
“Andrew Powell lived at the residence with Marietta Powell for the past few years,” the affidavit said. “(He) was reported to have taken some checks from Marietta Powell’s checkbook without her permission, forge her signature and use them for goods or to cash at the bank.”
Marietta Powell had also been issued a debit card by her bank, Wells Fargo, in 2024 that she said she did not remember requesting or receiving. She said Andrew Powell did not have permission to withdraw any funds.
Additionally, the affidavit said Marietta Powell’s other son, Ross Powell, had been granted power of attorney over her finances.
“(Marietta Powell) said without these funds she would have to give up some leased farmland,” the affidavit said. “Losing the leased farmland means she could not produce hay for her livestock and would have to purchase it out of pocket.”
Later that day, a deputy met with Ross Powell and his wife, Mary. Ross Powell said Andrew Powell had been suspected of fraudulently taking money since mid-2024.
“(Ross Powell) said his own audit of the bank statements showed $14,000 was missing from the Wells Fargo account,” the affidavit said.
Andrew Powell was also reported to have moved out of Marietta Powell’s home in August 2025. His brother said he found an empty envelope that had once contained the debit card under the bed where Andrew Powell slept.
The deputy reviewed bank statements and found $6,125 in fraudulent checks, $8,113 in fraudulent store withdrawals and $3,197 in fraudulent debit card transactions – totaling more than $17,400, the affidavit said.
Marietta Powell went to Wells Fargo to examine the check numbers that had been cashed under her name. She said she used check numbers between 180 and 1,000. Andrew Powell, on the other hand, was suspected of using checks numbered below 180 and in the 1,000s.
The deputy also examined signatures on the checks, and found differences in the penmanship.
On Jan. 15, Andrew Powell was arrested on an unrelated warrant. The deputy said Powell requested to be interviewed about the fraudulent charges while being transported to the La Plata County Jail.
Andrew Powell originally accused his brother of taking a large inheritance from Marietta.
“(Andrew Powell) said he would never steal thousands of dollars despite not being told a monetary amount,” the affidavit said.
The deputy then asked Andrew Powell about a series of charges for various items and the use of Marietta Powell’s checks, and he became “visibly nervous and soft-spoken.”
He said many of the charges – including meals, fuel and construction materials – and withdrawals were to help his mother and that they were reinstated.
“(Andrew Powell) became elevated accusing (Ross Powell) once again of stealing the money and asked why he wasn’t in custody,” the affidavit said.
Thereafter, the interview was concluded. The affidavit said there was probable cause to charge Andrew Powell with four felony counts based on the investigation and interview.
Powell’s next court date is set for 8:30 a.m. Thursday in District Court in Durango.
sedmondson@durangoherald.com
