VALPARAISO | A former Portage funeral home operator avoided jail Monday after pleading guilty to illegally taking thousands of dollars from a nursing home resident who gave him power of attorney to handle her finances.

Philip Engel, 44, was sentenced by Porter Superior Judge Bill Alexa to three years behind bars, with all but 90 days suspended and to be served doing community service work.

Alexa said one of the reasons he agreed to accept the deal struck by prosecutors is that Engel had no prior criminal offenses and is paying back the money.

Deputy Prosecutor Trista Hudson said Engel is expected to make monthly payments, rather than paying a lump sum at the end of his period of probation.

Defense attorney John Vouga said a civil suit in the case determined Engel has already paid back 75 percent of the debt.

Engel pleaded guilty to a felony count of exploitation of an endangered adult.

Engel and the victim, Isobel Barron, had been neighbors and they came in contact again when he handled the funeral arrangements for a member of her family, police said.

Engel was granted power of attorney and failed from January 2005 to December 2006 to pay nursing home and other bills, police said. He reportedly told police he borrowed $68,000 from Barron's account in an attempt to alleviate problems he was having with his business. Police said he stated he intended to pay her back. However, police said Engel never got the victim to agree with his plan and never got her signature.

Police said Engel also took numerous cash advances on the woman's credit card for personal purchases, and made ATM withdrawals and wrote checks for himself and his wife. Police said he owed $40,000.