1. Where a trust or custodial account constitutes a health savings account, as defined under 26 U.S.C. Section 223(d)(1) *, a trust may be created by any of the following:
(1) A transfer of moneys to the trustee or custodian holding such trust or custodial account;
(2) The documentation of the creation of such trust or custodial account in the records of the trustee or custodian holding such trust or custodial account; or
(3) The execution of a trust or custodial agreement with respect to such trust or custodial account.
2. In any case, a trust or custodial account shall be deemed to have been established on the first day on which the individual who is the beneficiary of such trust or custodial account is an eligible individual, as defined under 26 U.S.C. Section 223(c)(1), in that calendar year in which such trust or custodial account is created in accordance with this section.